GOLAPHULA MAHAKUL Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE case as presented in this application under Articles 226 and 227 of the Constitution of India is plain. The relief claimed by the petitioner is simple. Her unernate prayer is for issuance of an appropriate writ quashing the Government Order No. 31 167/H. Dated 26.7.1997 (Annexure -8) selecting Pramila Digal (opp. party No. 4) to open a 24 -hour medical store in the campus of District Headquarters Hospital, Kandhamal. But in course of hearing the case has triggered off an issue peculiar to it.

(2.) THE case of the petitioner is that pursuant to the advertisement (Annexure -6) she applied for permission to open a 24 -hour medical store (reserved for ladies) in the campus of the District Headquarters Hospital, Kandhamal. She stated in her application form that she has the experience of selling medicines as a Sales Assistant in the Medical store and can engage two pharmacists. She indicated names of two pharmacist, with their registration numbers. She had also enclosed solvency certificate of Rs. 1,00,000/ -. The opp. party No. 4 also applied for such permission in respect of the very medical store. In her application she stated that she is a housewife and can engage one pharmacist. She furnished solvency certificate of Rs. 66,500/ - only. According to the petitioner on merit she stands on a better footing than that of opp. party No. 4 who has no experience of running a medical store. The State Government however illegally selected the latter for the purpose. The permission granted to opp. party No. 4 is arbitrary, illegal and contrary to the guidelines prescribed by the Government in the matter of opening of medical stores in the campus of District Headquarters hospitals.

(3.) BEFORE embarking on further discussion, it is necessary to outline here certain facts which have direct bearing on the point at issue. The Government of Orissa in Health and Family Welfare Department's letter No. 17782/H dated 13.5.1993 has laid down certain procedure for opening of 24 -hour medical stores in the campus of Medical College Hospitals/District Headquarters Hospitals and Hospitals equivalent to them and Sub -Divisional Hospitals of the State. The present being a case of opening of such medical store in the District Headquarters Hospital, we may refer to such of the paragraphs of the aforesaid Government letter relevant for the purpose. Para -3 thereof states that the concerned Chief District Medical Officer (CDMO in brief) after making necessary assessment with regard to the need for having 24 -hour medical store in the campus of his hospital should make an order to that effect in the concerned file and issue advertisement at least in two local dailies inviting applications from eligible persons. Para 4 of the aforesaid Government letter further provides that the applications received in response to the advertisement shall be sent to the Director of Health Services who shall in turn forward the same to the Government along with his views/comments for final decision at the Government level. Para 5, as substituted by Government Order No. 19665/H, dated 26.5.1 993 deals with the criteria for selection. It reads as follows :