Sambalpur: Private Medicine Shops to Vacate Government Hospital Premises, High Court Verdict After 9 Years
Sambalpur: The licenses of private medicine shops within government hospital premises will no longer be renewed. Only government-run free medicine distribution centers will remain within these premises. The Odisha government issued such a directive in 2015, which was challenged by M/s Mahavir Medicine Store, a pharmacy in Sambalpur district’s Redhakhol, in the High Court. In the writ petition W.P.(C) No. 5136/2015, the High Court recently delivered its verdict. Justice Dr. S. K. Panigrahi, in his judgment dated April 19, stated that while the petitioner (the pharmacy owner) may face difficulties, the government’s decision will benefit the general public. He further mentioned that although the petitioner is facing challenges, their constitutional rights are not being violated. Therefore, there is no need to interfere with the government’s decision. Following this directive, it is expected that all private pharmacies within government hospital premises will be removed.
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Background of the Case: Mahavir Medicine Store’s Challenge
On February 27, 2015, the Odisha government’s Health and Family Welfare Department issued a directive. It emphasized the state’s commitment to providing free medical services. The directive stated that pharmacies within government hospital premises would not have their licenses renewed. This decision was challenged by the owner of Mahavir Medicine Store in Redhakhol and other pharmacy owners. They petitioned the High Court, arguing that non-renewal or eviction of on-campus pharmacies would violate their constitutional right to a livelihood under Article 21 of the Indian Constitution. They emphasized that government-run free medicine distribution centers under the Niramaya scheme do not always stock a wide range of medicines, particularly critical ones. Private pharmacies can provide these medicines even late at night. The petitioner’s lawyer argued that these pharmacies are necessary because they can quickly supply all brands of medicines in response to patients’ demands.
Government’s Response and Rationale
The government responded to this argument by stating that it has invested significant funds to provide free medical services and medicines to all members of society. Allowing private pharmacies to operate in the same area may harm the public interest. The government assured that it can supply all essential life-saving medicines, eliminating the need for private pharmacies. The government lawyer argued that challenging this policy decision would be inappropriate. After hearing both sides, Justice Panigrahi ruled that the government’s decision was for the greater public good and that the court would not interfere.
Following this decision, it is expected that private pharmacies on the premises of Vimsar and the district headquarters hospital will be removed.
