High Court quashes Karnataka government order to shut Jan Aushadhi centres in hospitals
Bengaluru: The High Court has struck down a Karnataka government order directing the closure of Jan Aushadhi Centres operating within government hospital premises.
A single-judge bench of Justice M. Nagaprasanna accepted a petition filed by Rakesh Mahalingappa L and others, setting aside the May 14 order and issuing an oral ruling in favour of the petitioners. The decision comes as a setback to the Siddaramaiah government.
Background of the dispute:
The state government had issued a circular instructing that Prime Minister’s Jan Aushadhi Centres inside government hospitals be shut down, arguing that the hospitals themselves provide free medicines, making the operation of these centres “unnecessary.”
Legal representatives for the government contended that only in-hospital centres were affected, and other Jan Aushadhi Centres outside hospital premises were not being closed.
However, the petitioners, through their counsel, argued that the closures were abrupt, implemented without prior consultation or notice, and affected public access to affordable medicines.
They emphasized that even a small Jan Aushadhi Centre facilitates distribution of free or low-cost medicines, serving public interest, and that the closures infringed upon their right to livelihood under Article 19(1)(g) and the right to life under Article 21 of the Constitution.
The petitioners also noted that these centres operate with proper infrastructure, staff, and legal permits, making them legitimate service providers. After hearing both sides, Justice M. Nagaprasanna ruled that the May 14 government directive was invalid and ordered that all Jan Aushadhi Centres within government hospital premises continue to operate.
The court’s ruling restores access to essential medicines for patients and reinforces the legal protection for these government-supported centres. The judgement highlights the importance of consultation and procedural fairness before government orders that directly impact public services and livelihoods.
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