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HC directive on implementation of Jan Aushadhi Scheme
3/21/2016 10:59:57 PM
Early Times Report
Jammu, Mar 21: In a PIL, seeking implementation of Jan Aushadhi Scheme, a high court division bench of Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan today held that the respondent be allowed to run pharmacy within the premises of government hospitals if tender was confirmed in his favour on the condition that all the notified generic medicines be sold to patients on a fixed price.
The bench observed that PIL was filed by contending that poor people suffer due to the higher cost of medicines available in the market and overcharging by chemists during emergency and odd hours.
The petitioner submitted that Union of India had in 2008 launched Jan Aushadhi Scheme, a poor-friendly scheme which includes opening of Jan Aushadhi stores in every government hospital throughout the country. Free accommodations are to be provided to run such stores. The main object of the scheme is to provide high quality generic medicines at lower prices. Such medicines would be equivalent in potency and efficacy to expensive branded drugs and, under the said scheme, the stores are to be operated by NGOs or charitable bodies identified by the state government. In J&K, such stores are to be opened through Indian Red Cross Society, but no store is opened in any of the government hospital.
He submitted that the commissioner, without implementing the scheme, had invited tenders through respondent No 7 for opening and running chain of 24x7 pharmacy shops in government hospitals in Jammu division vide November 27, 2015 notification.
The bench, after considering the undertaking given by the respondent firm, without prejudice to the other contentions, held that it could also be allowed to run pharmacy within the premises of government hospitals, if the tender was confirmed in its favour, on the condition that all the notified generic medicines should be made available for sale on demand from the patient on the fixed price.
If any violation was noticed, the licences granted to respondent ould be reviewed, the bench directed.
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