STATE TIMES NEWS
JAMMU: In a petition filed by Sanyog Enterprises Pvt. Ltd challenging the order of closure of his shops of 24X7 Pharmacy Shops in Govt Hospitals, Justice Tashi Rabstan of J&K High Court after hearing Adv Vikram Sharma appearing for the petitioner, stayed the order of closure of 24X7 Pharmacy Shops in Govt Hospitals.
In the petition, petitioner seeking quashment of order passed by Principal GMC Jammu no.3’s No. GMCHJ/PS/Shops/1085 dated 06.04.2016, being illegal, arbitrary, and incompetent and also confronting the duly executed Contract between the petitioner and Managing Director, J&K Medical Supplies Corporation Ltd., Jammu and also seeking direction to the respondents to honour the terms of the contract and give suitable shops/slots in the health institutions on all locations allotted to the petitioner within a reasonable time-frame so as to enable the petitioner to run 24×7 pharmacy shops selling medicines on discounted prices to the patients and needy and seeking restraining the respondents from illegally and arbitrarily closing down the pharmacy shops and/or creating hindrances in the operationalisation of the pharmacy shops by the petitioner.
During the course of arguments Advocate Vikram Sharma appearing for the petitioner submitted that communication impugned is absolutely silent on the reason of its issuance except the verbal orders of Managing Director, J&K Medical Supplies Corporation Ltd, YET the date of issuance of communication impugned i.e. immediately after the replacement of Governor’s rule with the formation of elected Govt. and re-allocation of portfolios, does speak about the intent and reason behind the issuance of communication impugned that too on the verbal orders of the Managing Director, J&K Medical Supplies Corporation Ltd, even as the latter happens to be one of the signatories of the policy decision that provided for the issuance of the NIT dated 27.11.2015 and informed and supervised the entire process. The verbal orders of the respondent no.2 thus can not be except for some agenda of serving the powerful lobby of chemists and druggists on the asking of his higher-ups. The verbal orders, if at all have been issued by Managing Director, J&K Medical Supplies Corporation Ltd, are bereft of any legal force, are non-est and lack enforceability. It is submitted that personal vendettas inter-se amongst the top in administration and govt. can not infringe upon the rights of its citizen/persons vested in them by the State’s acts.
Adv Vikram further submitted that the petitioner has ever since been approaching the respondents from one office to the other to seek the enforcement of their commitment made to the petitioner after extracting a complete bid-amount of Rs. 21.51 crore, as also seeking enforcement of its undertaking to the Hon’ble Division Bench in WPPIL 04/2016. The mighty respondents, instead of honouring the commitment and the undertaking so given, are threatening the directors and employees of the petitioner company of a series of prosecutions by different agencies viz. crimes, vigilance organization etc., citing their share of power in the State of J&K, in case the petitioner even talks of the contract. The petitioner, it is submitted, has done no wrong, but is apprehending the implication and prosecution by respondents as a fall out of even approaching the High Court with the present petition.
Justice Tashi after hearing Adv Vikram Sharma in lenghth issued notice to Secretary Health & Medical Education, Managing Director, J&K Medical Supplies Corporation Ltd, Principal, Govt. Medical College Jammu, Principal Dental College, Jammu, Director Health Services, Jammu, Medical Superintendent, Govt. Medical College Hospital, Medical Superintendent, Super-Speciality Hospital and Medical Superintendent, Psychiatric Hospital which was accepted by Deputy Advocate General and granted week’s time for filling response and in the meanwhile subject to objections Court stayed the closure of 24X7 Pharmacy Shops in Govt Hospitals.
