SANJAY KUMAR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner's mother was a staff-nurse serving at Shri Guru Teg Bahadur Hospital, Amritsar and was a government servant. She died in harness on 19.9.2004. The petitioner is her son. There are chemist shops in the hospital open to allotment. A policy was framed by the Punjab Government notified on 8.9.2004 which permitted allotment of shops/booths/space in medical/dental/ayurvedic colleges and their attached hospitals to be given on rent after calling tenders through open auction after public advertisements inserted in the press. The reserve price would be fixed on the basis of market rent determined by a committee headed by the Director, Research and Medical Education, Punjab, and comprising the Principal of the Institution concerned and the Assistant Controller (F&A).

(2.) Clause 6 of the policy reserved one shop/booth/space for those widows/children of deceased government employees as had served the Medical Education Department, Punjab who had declined a job offered to them by the department on compassionate grounds. The process of allotment was by way of auction.

(3.) To run a chemist shop a drug licence is mandatory. It is issued by the competent authority, that is, the State Drugs Controller, Punjab.