9911796707
|
Home
Issues:
1. Validity of the High Court order directing appellants not to take any decision on opening a medical store inside the hospital premises. 2. Interpretation of the Government policy regarding the opening of 24-hour medical stores in hospital campuses. 3. Balancing public interest in providing medical facilities with individual traders' interests. 4. Consideration of patients' convenience in accessing medicines versus the impact on existing medical store owners. 5. Justifiability of the High Court's interference with the administrative decision of the State Government. Analysis: 1. The Supreme Court considered the validity of the High Court order directing the appellants not to proceed with the decision to open a medical store inside the hospital premises. The High Court's order was based on the respondents' challenge to an advertisement issued by the Superintendent C.D.M.O., Bolangir, regarding the opening of a medical store within the hospital campus. The appellants argued that the advertisement was in line with the Government policy to make medicines available to patients at all hours, emphasizing public interest over individual traders' concerns. 2. The Court examined the Government's policy to streamline the procedure for opening 24-hour medical stores in hospital campuses. The policy aimed to ensure the availability of medicines to patients round the clock at competitive prices. The decision to open a medical store within the hospital premises was made to facilitate patients' access to medicines, especially during emergencies or odd hours. 3. In analyzing the balance between public interest and individual traders' interests, the Court emphasized the primacy of patients' needs over traders' economic considerations. The Court noted that the purpose of medical stores is to serve patients, and the convenience and well-being of patients should take precedence over the financial concerns of existing medical store owners. 4. The Court highlighted the importance of patients' convenience in accessing medicines within the hospital campus, particularly for those without attendants or during emergencies. The Court rejected the argument that opening a medical store within the hospital premises would adversely affect existing medical store owners, emphasizing the overarching goal of providing necessary medical facilities to patients. 5. Ultimately, the Court held that the High Court erred in interfering with the State Government's decision to open a medical store in the hospital premises. The Court concluded that the Government's decision was in the public interest, specifically aimed at benefiting patients. The appeal was allowed, setting aside the High Court's order and dismissing the writ petition filed by the respondents. In conclusion, the Supreme Court upheld the Government's decision to open a medical store within the hospital premises, emphasizing the importance of prioritizing patients' needs and public interest in providing essential medical facilities.
|
