PROMOD KUMAR PATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioners in both the above writ applications are real brothers. Their main grievance is against the opposite party No. 5 in whose favour Government has accorded permission for opening a day and night medical store in the campus of U.C.P.H.C., Khallikote. Since both the cases are almost similar, although reliefs sought for are different, they were heard analogously and this common judgment is passed which shall govern both the cases.

(2.) The petitioner in O.J.C. No. 3171 of 1995 assails the order of the Under Secretary to Government of Orissa in Health and Family Welfare Department (Annexure-B) selecting opposite party No. 6 for opening of a medical store in the campus of U.C.P.H.C., Khallikote in preference to the petitioner. To put it shortly, the case of the petitioner is that the Chief District Medical Officer (C.D.M.O.), Ganjam issued an advertisement dated 1-10-94, Annexure-1 inviting applications for opening a day and night medical store inside the hospital campus of U.C.P.H.C., Khallikote. Pursuant to the said advertisement the petitioner submitted application, Annexure-2 stating that he being a registered pharmacist has past experience in dealing in medicine. Certain criteria are prescribed in the Government Orders published from time to time to select persons for opening medical stores in the campus of the hospitals in the State; the first Government Order being dated 10-7-91 (Annexure-A), the next one being dated 13-5-93 (Annexure-6) and the last one being dated 3-8-93 (Annexure-7). As per, the prescribed criteria he comes under the first category for being selected in preference to opposite party No. 5, but in spite of that Government illegally selected opposite party No. 5 and issued order in his favour vide Annexure-8. Challenging such action of the Government the petitioner has prayed to quash Annexure-8 and to declare him to have been selected for opening the medical store in the campus of the aforesaid P.H.C.

(3.) Opposite party No. 5, refuting most of the allegations has asserted that pursuant to the advertisement, Annexure-1 he being an unemployed youth and having sufficient experience of running a medicine shop applied to open a day and night medical store in the campus of U.C.P.H.C., Khallikote after obtaining consent from two qualified pharmacists to engage them in the work. His further case is that petitioner's elder brother owns a medicine shop in front of the hospital and to have a monopoly in medicine business, petitioner applied to the authority to permit him to open day and night medical store inside the hospital campus. However, Government on consideration of the application in the light of various Orders selected opposite party No. 8 and accordingly passed orders vide Annexure-8 whereafter opposite party No. 6 having executed necessary agreement constructed a shop-room by investing a sum of Rs. 60,000/-. He also applied to the Drugs Controller and obtained permission as required under law. In these circumstances, he urges that the writ application being devoid of merit should be dismissed in limine.