The Karnataka High Court has stayed the operation of a State Health Department order directing the closure of Jan Aushadhi Kendras (JAKs) functioning within government hospital premises, providing interim relief to 18 petitioners who run such pharmacies.
Justice M.I. Arun passed the stay order in a batch of petitions, observing:
“The concession granted to the petitioner to run a Jan Aushadhi Kendra (pharmacy shop) in the respondent no. 4-hospital shall not be terminated till the next date of hearing.”
The petitioners argued that the government order (GO) was issued in haste without prior consultation or notice, violating principles of natural justice and harming public interest. They contended that they had made substantial investments in infrastructure, medical inventory, staff, and licenses and had a legitimate expectation to continue operations. The GO, they argued, infringes on their right to livelihood under Article 19(1)(g) and the right to life under Article 21 of the Constitution.
The State had defended the order by citing a policy that prohibits doctors from directing patients to external pharmacies, asserting that in-hospital JAKs violate this norm.
However, the petitioners highlighted that similar setups like “Janata Bazaar” and “Janasanjeevini Stores” are allowed to operate within hospital premises. They further stressed that JAKs provide life-saving generic medicines at 50–90% lower costs, benefiting economically weaker sections, senior citizens, and patients with chronic illnesses.
The petitioners claimed the closure would adversely affect the public’s right to health, rather than protecting it.
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