S. Anbalagan v. Government of Tamil Nadu, Represented by its Secretary, Health & Family Welfare Department, Chennai
2021-09-20
S.M.SUBRAMANIAM
body2021
DigiLaw.ai
JUDGMENT : (Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the entire records connected with the proceedings of the impugned G.O.Ms.No.93 dated 25.03.2015 issued by the first respondent and quash the same consequently direct the respondents to permit the petitioner to continue his canteen, which is being run by him at the premises of the fifth respondent.) 1. The relief sought for in this writ petition is to call for the entire records connected with the proceedings of the impugned G.O.Ms.No.93 dated 25.03.2015 issued by the first respondent and quash the same. 2. The learned counsel appearing on behalf of the petitioner submits that the writ petitioner is running canteens for vending snacks in the premises of the Government Hospital and in Government Offices etc. The writ petitioner has obtained proper permission from the Competent Authorities to run the canteens inside the Government Hospitals and in the Government Offices. 3. However, the Government of Tamil Nadu issued G.O. Ms. No.93 dated 25.03.2015 stating that lot of complaints were received from the public at large in respect of maintaining hygiene, quality of food and fixing of prices by the shop owners, who all are running business inside the Government Hospitals. Inspections were conducted by the Competent Authorities and based on the report the Government had issued G.O.Ms.No.93 dated 25.03.2015, wherein it is sated that the shop vendors, who are running the shops without maintaining hygiene or quality of food are to be vacated. 4. The learned counsel appearing on behalf of the petitioner made a submission that the petitioner is the authorised vendor and he is running the canteens with the permission of the Competent Authorities. Therefore, the petitioner must be given an opportunity to improve the quality of food or hygiene, by giving reasonable notice period and further, if the petitioner is forced to vacate the premises, reasonable time may be given to the petitioner-vendor. 5. The learned Government Advocate appearing on behalf of the respondents opposed the contention by stating that permission was granted to run the canteens to similarly placed persons, including the petitioner in various Government Medical Institutions in Tamil Nadu.
5. The learned Government Advocate appearing on behalf of the respondents opposed the contention by stating that permission was granted to run the canteens to similarly placed persons, including the petitioner in various Government Medical Institutions in Tamil Nadu. Doctors, Patients and others inmates were repeatedly complaining that the food supplied are not up to the quality of standards, hygiene and worth for the amount for which the public pay. Almost all of the snack canteens are not maintaining the hygiene and quality of food served, remains the source of infection at many times, to the hospital inmates. The Government had stated that lot of complaints were received from the public at large in respect of maintaining hygiene, quality of food and fixing of prices by the shop owners, who all are running business inside the Government Hospitals and that after a detailed examination of the issues, Government issued the orders, specifying the guidelines for permitting the snack canteen within the Government Medical Institution. 6. The learned Government Advocate relying on the counter affidavit submitted that the Government received frequent complaints, regarding the hygiene, quality of food and fixing of prices by the administrators of the canteens. Therefore, there is no error in issuing the Government Order. The said Government Order has to be maintained in the interest of public health and public safety. 7. This court is of an opinion that even under the Food Safety Act every person who is running a canteen is duty bound to maintain quality food, hygiene and prices. This apart, the writ petitioner is running the canteens in the Government Medical Institutions and Government Hospitals. It is absolutely necessary to maintain hygiene, quality food and price inside the hospital. Many poor people are visiting Government Hospitals for taking treatment. The persons accompanying the patients also have to take food in the Government Hospital canteens. 8. Under these circumstances, if the hygiene and food quality and rates are not fixed properly, the Government could be failing in their duty to provide facilities to the patients and other inmates of the hospital, as required under the Constitution. Now, providing all medical facilities is included as a right to life, enshrined under Article 21 of the Constitution of India. The State is bound to provide a decent medical facility to all the citizens of this nation.
Now, providing all medical facilities is included as a right to life, enshrined under Article 21 of the Constitution of India. The State is bound to provide a decent medical facility to all the citizens of this nation. There cannot be any compromise in respect of providing the medical facilities to the citizens. Installing the canteen in the hospital is to be construed as part of the facilities to be provided along with the Medical Services. The canteens for the patients and other inmates and other visitors of the hospital are highly essential. Of course, the Doctors and staff members, who are working inside the hospital also have to utilize such facilities. 9. Under these circumstances, the State Government is obligated to provide a decent canteen facility more specifically with hygiene, good food quality and a reasonable pricing. In the absence of providing such a facility, it will be a great hardship for the patients and other inmates of the hospital to take treatment in the Government Hospitals. 10. Under these circumstances, this Court do not find any irregularities and illegalities in respect of regulating the canteens situated inside the Government Medical Institutions and Government Hospitals. 11. However, the persons, who are already running the canteen need to be given an opportunity to improve the quality of food and hygiene and other respects. In this regard, the Competent Authorities shall give notice to all the administrators of the canteen enabling them to improve the quality of service in all respects. If they fail to do so within a stipulated period given by the authorities, then the Authorities are at liberty to take steps to evict such canteen owners. 12. In the case on hand, where the contract period is lapsed, if the Authorities so decided to extend the contract, sufficient conditions in this regard shall be imposed and in the event of complying with such requirements, the contract may be extended. Therefore, it is made clear that the Authorities should ensure that hygiene, quality of food and pricing are maintained by these persons, who are running canteens in all respects and there cannot be any compromise. Periodical inspection of these canteens by the administrative staffs of the Medical Department are certainly required. 13. Taking note of all these observations, the Authorities are at liberty to take a decision for extending the contract by considering the contract. 14.
Periodical inspection of these canteens by the administrative staffs of the Medical Department are certainly required. 13. Taking note of all these observations, the Authorities are at liberty to take a decision for extending the contract by considering the contract. 14. Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.