Advocates:
['HANMANTHRAYA SINDOL', '', 'AGA', '', 'RAVI B PATIL', 'MA NOT FILED']

1

IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 11^TH DAY OF DECEMBER, 2020

BEFORE

THE HON’BLE MR.JUSTICE NATARAJ RANGASWAMY

WRIT PETITION NO.225572/2020 (GM-RES)

BETWEEN:

BASWARAJ

S/O VAIJINATH BABUSHETTY,

AGE ABOUT 48 YEARS,

OCCU: PRIVATE SERVICE,

R/O VILLAGE GUMMA,

POST ASHTOOR,

TQ. AND DIST. BIDAR-585403.

... PETITIONER

(BY SRI. HANMANTHRAYA SINDOL, ADVOCATE)

AND:

1.

STATE OF KARNATAKA,

THROUGH DEPUTY COMMISSIONER,

BIDAR-585401.

2.

DISTRICT HEALTH AND FAMILY WELFARE OFFICE,

BIDAR-585401,

BY ITS DISTRICT HEALTH OFFICER.

3.

ADMINISTRATIVE MEDICAL OFFICER,

100 BED MOTHER AND CHILD CARE HOSPITAL,

OLD CITY, BIDAR-585401,

BY ITS MEDICAL OFFICER.

2

4.

DR. SIRAJUDDIN S.G.

S/O NOT KNOWN

AGE MAJOR,

OCCU: MEDICAL PRACTITIONER,

H.NO.8-5-389/38,

AL-JABBAR COLONY,

BIDAR-585401.

... RESPONDENTS

(BY SMT. ANURADHA M. DESAI, GOVT. ADVOCATE FOR

RESPONDENT NOs.1 TO 3;

SRI RAVI B. PATIL, ADVOCATE FOR RESPONDENT NO.4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

& 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (A) A

WRIT CERTIORARI BE PASSED, QUASHING ORDER OF

THIRD

RESPONDENT

IN

FAVOUR

OF

FOURTH

RESPONDENT WITH RESPECT TO ALLOTMENT OF SPACE

TO START THE MEDICAL SHOP IN THE GOVT. HOSPITAL

OLD CITY BIDAR IN FILE NO.100 ºÁ¥ÀæUÀÈ/02/2019-2020

DATED 07.01.2020, VIDE ANNEXURE-F AND ETC.

THIS

PETITION

HAVING

BEEN

HEARD

AND

RESERVED FOR ORDERS ON 30.09.2020 AND COMING ON

FOR PRONOUNCEMENT OF ORDER THIS DAY, THE COURT

MADE THE FOLLOWING:-

ORDER

This writ petition is filed to challenge the Order

dated

07.01.2020

(Annexure-F),

by

which

the

respondent No.3 allotted space in the Government

Hospital, Old City, Bidar to establish Pradhan Mantri

Bharatiya Janaushadi Pariyojana (henceforth referred to

3

as ‘PMBJP’) Kendra. A writ in the nature of Mandamus

is also sought for, to direct the respondent Nos.1 to 3 to

place the application filed by the petitioner and the

other

applicants

for

allotment

of

space

in

the

Government Hospital to start PMBJP Kendra.

2.

The writ petition discloses that the petitioner

holds a Diploma in Pharmacy and is registered with the

Pharmacy

Council.

The

respondent

No.2

has

established a 100 bed Mother and Child care hospital.

The Union Government had formulated a policy of

establishing outlets for sale of unbranded generic

medicines and the role of the State Government is to

provide space free of charge in medical colleges, District

Hospitals for running PMBJP Kendra by operating

agencies. In so far As the third respondent is

concerned, it was proposed to open an outlet within the

premises of the hospital where a 10 x 15 feet space was

identified.

A

committee

was

constituted

for

the

4

purpose of identifying an operating agency. This

Committee was supposed to invite the applications from

individuals desirous of operating the PMBJP Kendra.

3.

The petitioner claimed that the Committee

had not finalised the name of the operating agency and

that he too filed an application before the respondent

No.3 on 06.01.2020 and submitted a copy to the

respondent No.2. However, the respondent No.3 passed

an Order which was ante dated as 07.01.2020 to seem

as if the space at the respondent No.3 was allotted to

the respondent No.4 at the meeting of the Committee

held on 19.12.2019.

4.

The petitioner placed on record a proceeding

of the purported meeting dated 19.12.2019 which

indicated that at the meeting of the Committee dated

19.12.2019, the respondent No.4 was allotted space in

the respondent No.3 to establish the PMBJP Kendra.

The petitioner has challenged the aforesaid Order dated

5

07.01.2020 by contending that the respondent No.3,

when it received the application of the petitioner on

06.01.2020, it endorsed thereon that the Committee

would take a decision. However, to shoot down the

request of the petitioner, the respondents concocted an

Order dated 07.01.2020