Rajbir Singh Chikkara vs State of Haryana and Others

Kanwaljit Singh Ahluwalia, J.—Counsel for the Petitioners and the caveat-Respondent No. 3, at the outset, have stated that CWP No. 10896 and 10897 of 2011, involve same question of law and identical facts, except that the Number of the shops, which are in possession of the respective Petitioners is different, therefore, the same be decided together. In view of the joint request made by Counsel for the Petitioners, facts shall be gathered from CWP No. 10896 of 2011.

Petitioner was allotted shop No. 12 in the Shopping Complex of Post-Graduate Institute of Medical Sciences, University of Health Sciences, Rohtak as a licencee vide allotment Annexure P-2 on 25.3.2004 at a licence fee of Rs. 8552/-per month. Counsel for the Petitioners have referred to Clause 8 of the Policy, Annexure P-1, wherein it is stated that the medicines to be provided at the shop should be of reliable quality and economical. Counsel have further referred to Clause 6 of the Agreement (Annexure P-3) which states that the shopkeeper will be allowed to retain reasonable margin only at the rate of 10 to 15%. Counsel state that now by auctioning the shop at a very high rate, the policy of providing medicines at economical rates has been shelved and the Respondent-University is only garnering maximum revenue.

After hearing Counsel for the parties, this Court is of the view that auction is the most transparent manner therefore, giving shops on auction, to garner maximum revenue, is in the interest of the Institution. However, this Court is of the view that at the same time the patients who belong to the lower strata of the society and are poor, are also entitled to purchase medicines at an affordable rate.

This Court in a Public Interest Litigation had considered opening of Jan Aushadhi Shop at PGI Chandigarh, therefore, without affording any relief to the Petitioner, this Court is of the view that Respondents should explore the possibility of opening Jan Aushadhi shop in the premises of the Respondent-University, in the shops to be vacated by the Petitioners.

Department of Pharmaceutical, Government of India, to ensure access to quality medicine and health care at affordable rates, has taken an initiative to establish Jan Aushadhi shops. According to the perception of Government of India, due to market led consumer awareness and availability, branded medicines are sold by drug manufacturers at higher prices than their unbranded generic equivalent, which are as good in therapeutic value. Therefore, Pharma Advisory Forum made a plan that if generic medicines are made more accessible and available in the market, everyone would benefit. Thus, Department of Pharmaceutical, Government of India took an initiative and launched a campaign for opening Jan Aushadhi Stores where unbranded quality generic medicines would be sold at a lower price but equivalent in potency to branded expensive drugs.

In Public Interest Litigation, this Court was informed that in furtherance of concept of Jan Aushadhi Stores, various Jan Aushadhi Stores have been opened at PGI, Chandigarh and in various Medical Colleges and Hospitals in the State of Punjab. This Court expects that Government of Haryana will not lag behind.

At this stage, Counsel for the Petitioners state that they may be permitted to withdraw the present petitions, but a sufficient time be granted to the Petitioners to clear the inventories. Counsel urge that heavy inventory of medicines have been stocked in the shops, the value of which runs into crores of rupees, and if a sufficient opportunity is not granted to sell the medicines, they may expire and be of no use to any body. Shri Ramesh Hooda, who in the earlier part of the day, had taken time to seek instructions on this score only, has informed this Court that in case three months time is granted to the Petitioners, it will be just and appropriate. Counsel for the Petitioners have readily accepted the offer made by Counsel for the caveator-Respondents.

Hence, the present petitions are dismissed as withdrawn. However, on the basis of broad consensus arrived at between the parties, the Petitioners are granted three months time to hand over peaceful vacant possession of the shops to the Respondents, subject to their filing an undertaking that the possession shall be delivered on or before 16th September, 2011.

Arrears of licence fee, if any, shall also be paid at the time of deposit of undertaking. The undertaking and the arrears be deposited within 15 days from today.