JAI BHARAT MEDICALS Vs. STATE OF ODISHA

JUDGEMENT

(1.) Prayers in the writ petition are two fold. First is for quashing office memorandum dtd. 27/2/2015, issued by Health and Family Welfare Department, as violative of articles 14, 16, 19(1)(g) and 21 in the Constitution of India. Second, direction upon concerned authority to renew the licence of petitioner's on-campus medicine store.

(2.) Mr. Mallik, learned advocate appears on behalf of petitioner and submits, impugned circular is without authority. It should be set aside and quashed. He submits, the laudable policy for providing free medicines is purported reason for driving his client out of business and livelihood. If free medicines are given by State in the hospital campus, no one will buy from his client's shop. His client will, therefore, automatically be out of business but State is using a purported policy statement to evict his client. Fundamental rights of his client stand affected/breached.

(3.) On query from Court he submits, there was refusal to accept application for renewal of the licence. His client moved this Court and obtained interim order dtd. 5/5/2017 passed by coordinate Bench and pursuant thereto has been continuing with the shop on payment of licence fees. He draws attention to rejoinder of his client. Disclosed in it are, inter alia, communication dtd. 9/1/2018 from Additional Secretary to Government addressed to the Advocate General. Text of the communication is reproduced below.