STATE OF ORISSA Vs. RADHESHYAM MEHER

JUDGEMENT

(1.) LEAVE granted. The short question that arises for our consideration in this appeal is whether the impugned order of the High Court of Orissa dated 27.9.93 passed in OJ.C. No. 543.5/93 directing the appellants not to take any decision on the advertisement dated 27.7.93 issued by the Superintendent C.D.M.O, BoJangir to settle the shop with anyone to hold a medical store inside the hospital premises, Patnagarh could be sust.1ined in the absence of any material to show that the said decision of the Government is arbitrary or opposed to any rule or regulations in that behalf.

(2.) THE brief facts leading to this appeal under Article 136 of the Constitution are that the State Government of Orissa with a view to streamline the existing procedure for opening or 24 hours medical stores in the College Hospitals, etc. and in supersession for previous instructions took a decision that 24 hours medical stores shall be opened in the campus of the hospitals which shall remain open for all the 24 hours with a view to make the medicines available to the patient" at competitive price. Consequently, a memo dated 13.5.93 was issued to all the O.M.E.T./D.H.S./O.C. and all Superintendents of Medical Colleges of the State of Orissa as well as to all C.D.M.O's and C.M.O's in the capital hospital, Bhubaneshwar to assess the need for having 24 hours medical stores in the campus of the respective hospitals and if the need is found to be imperative they shall make an order to that effect and issue advertisement inviting applications from eligible persons. According to the instruction, the said applications have to be sent to the authorities mentioned in the aforesaid memo who in turn have to forward the same to the Government alongwith their views comments for a final decision at the Government level. It was in pursuance of this memo that the Superintendent/C.D.M.O., Bolangirissued an advertisement inviting applications from the intending shop owners to open a medical store inside the premises of the Sub -divisional Hospital, Patnagarh which shall be kept open day and night for the purposes of helping the patients in getting medicines without any difficulty. The respondents No.1 to 7 who are having their medical stores across the road in front of the main gate No.2 of the hospital filed the Writ Petition in the High Court of Orissa challenging the said advertisement issued by the Superintendent/C.D.M.O, on the ground that if a medical store is opened inside the premises of the Sub -Division Hospital which is a small hospital having a provision for only 3U beds, there will hardly be any business to sustain them. The respondents also came forward with an offer that the petitioners No. 1, and 4 to 7 (who are respondents No.1, 4 to 7 herein) whose medical stores are near the gale of the hospital shall keep their medical stores open clay and night and that they arc willing to give an undert'1king to that effect to the Superintendent/COMO, Bolangir. The said petition was contested by the appellants herein by st.1ting that the said advertisement was issued in view of the Government policy to open the medical shop within the campus of the hospital in public interest and specially to make the medicines available to the patients even at odd hours.

(3.) LEARNED counsel appearing for the appellants vehemently urged before us that the said advertisement inviting applications for settling the shop to have a medical store inside the hospital premises was issued in pursuance of the Government policy and with the sole object to make the medicines available to the patients even at odd hours and, therefore, the High Court should not have interfered with the administrative decision of the Government taken in the public interest. We find considerable force and much substance in these submissions.