Triveni Sewa Pharmacy v. All India Institute of Medical Sciences, Rishikesh
2023-10-12
RAVINDRA MAITHANI
body2023
DigiLaw.ai
JUDGMENT : By means of the instant petition, the petitioners seek the following reliefs:- (a) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 24.11.2022 issued by Respondent No.1 (Annexure No.1 to the writ petition), in the interests of justice. b) Issue a writ, order or direction in the nature of Mandamus commanding and directing the Respondent No.1 & 2 for floating Tenders inviting all eligible agencies for opening of Affordable Medicines Chemists Shops (In short known as ‘AMRIT Pharmacy) inside the AIIMS Campus and allocate shops based on highest bidder to give more Revenue to the Govt. as per Financial Rules & Regulations in the interests of justice. c) Any other order or direction which this Hon’ble court deems fit and proper in facts and circumstances of the case be passed. d) To award cost of the petition to the Petitioners. 2. Heard learned counsel for the parties and perused the record. 3. By the impugned order dated 24.11.2022, the respondent nos.1, All India Institute of Medical Sciences, Rishikesh, District Dehradun (“AIIMS”) allotted some additional space for AMRIT Pharmacy. 4. It is the case of the petitioners that he also runs a Chemist shop in the AIIMS premises, but now without following the tender process, AMRIT Pharmacy has been permitted to open a counter at AIIMS and an additional space has been provided to it. 5. Learned counsel appearing for the petitioners would submit that the petitioners are running their Chemist shops in the AIIMS premises. Now, AIIMS authority has given an additional space for running AMRIT Pharmacy at a very prominent place, which may adversely effects the business of the petitioners. 6. It is argued that, in fact, the tender process should have been followed while opening AMRIT Pharmacy. In the petition reference has been made to Original Suit No.09 of 2023 filed by the petitioners against AIIMS authorities. 7. The Court wanted to know from the learned counsel for the petitioners, as to what was the relief that was sought in Original Suit No.09 of 2023? 8. Learned counsel tendered for perusal of the Court the recorded pertaining to the Original Suit No.09 of 2023, Triveni vs. All India Institute of Medical Sciences, Rishikesh and others pending in the court of Civil Judge (Sr. Div.), Rishikesh, District Dehradun (“the Original Suit”). It is taken on record 9.
8. Learned counsel tendered for perusal of the Court the recorded pertaining to the Original Suit No.09 of 2023, Triveni vs. All India Institute of Medical Sciences, Rishikesh and others pending in the court of Civil Judge (Sr. Div.), Rishikesh, District Dehradun (“the Original Suit”). It is taken on record 9. In the Original Suit, the petitioners claimed the following reliefs:- “50. That plaintiffs prays for the following relief:- (a) A decree of permanent prohibitory injunction be passed in favour of plaintiffs and against the defendants restraining defendant nos. 1 & 2 from constructing and installing additional retail counter of defendant no.3 for selling medicines etc. outside the Emergency Block of AIIMS, Rishikesh situated at Virbhadra Road, Rishikesh, which is morefully described in the Schedule of Property given at the end of this plaint. OR in alternate A decree of mandatory injunction be passed in favor of plaintiffs and against defendant nos. 1 & 2 directing defendant nos. 1 & 2 to also get installed additional retail counter for selling medicines etc of plaintiffs alongwith proposed additional retail counter of defendant no.2 outside the Emergency Block of AIIMS, Rishikesh, which is more fully described in the Schedule of Property given at the end of this plaint.” 10. In the Original Suit an interim relief application has also been filed by the petitioners, which was decided on 22.08.2023. That order reveals that, in fact, according to the AIIMS, the Pharmacy is an Institution under the Government of India, Ministry of Health and Family Welfare under the name of HLL Lifecare Limited, AMRIT Pharmacy provides generic medicines and other medical apparatus at a very low cost. The order passed on temporary injunction application filed by the petitioners in the Original Suit reveals that, in fact, there has been an FIR against the petitioners with regard to lease and lease documents. The FIR was lodged by the Anti Corruption Bureau of CBI. Appeal preferred against the order rejecting temporary injunction application dated 22.08.2023 in the Original Suit was also dismissed on 05.09.2023 in the Misc. Civil Appeal No.12 of 2013 by the court of 1st Additional District Judge, Rishikesh, District Dehradun. Learned counsel for the petitioners would submit that the order dated 22.08.2023, passed in the Original Suit and order dated 05.09.2023, passed in Misc.
Civil Appeal No.12 of 2013 by the court of 1st Additional District Judge, Rishikesh, District Dehradun. Learned counsel for the petitioners would submit that the order dated 22.08.2023, passed in the Original Suit and order dated 05.09.2023, passed in Misc. Civil Appeal No.12 of 2013 were challenged by the petitioners in WPMS No.2797 of 2023 before this Court, which was withdrawn on 04.10.2023 with the liberty to seek an appropriate remedy. 11. During the course of hearing learned counsel for the petitioners would refer to annexure no.2 to argue that under a procedure the AMRIT Pharmacy could have been opened, but it has not been followed. She would also refer to tender document issued earlier with regard to allotment of Chemist Shop (Emergency Block) to argue that, in fact, such stores could have only be opened by way of public tender. 12. It is true that public spaces should be given on competitive prices so as to protect the public interest in terms of greater revenue. But, Annexure No.2, the document that has been referred to by the learned counsel for the petitioners speaks otherwise. It reads as follows:- “Z-28016/64/2022-PMSSY-V (8183072) Government of India Ministry of Health & Family Welfare (Department of Health & Family Welfare) (PMSSY-V Section) 3rd Floor, Red Cross Building, New Delhi – 110001 Dated the 5th September, 2022 To, Director/Executive Director All New AIIMS (Bhopal, Bhubenaswar, Jodhpur, Patna, Raipur, Rishikesh, Raebareli, Nagpur, Mangalagiri, Kalyani, Guwahati, Bibinagar, Gorakhpur, Batinda, Deoghar, Bilaspur, Vijaypur Jammu, Awantipora, Rajkot and Madurai) Subject: Opening of AMRIT Stores in the twenty (20) new AIIMS under PMSSY-Reg. Sir/Madam, I am directed to refer to the above mentioned subject and to say that Hon’ble Minister of Health & Family Welfare chaired a meeting on 27th August, 2022 on opening of AMRIT Stores in various AIIMS and has directed the following. (i) At least two to three AMRIT Stores with sufficiently large space need to be opened in each of the AIIMS at convenient locations. ii. These AMRIT Stores should work 24/7 and sufficient visibility/signage should be provided in the campus of AIIMS also that the public is aware about these stores and can purchase cheaper drugs/medical device at any time during the day or night. 2.
ii. These AMRIT Stores should work 24/7 and sufficient visibility/signage should be provided in the campus of AIIMS also that the public is aware about these stores and can purchase cheaper drugs/medical device at any time during the day or night. 2. In connection to the above HLL Lifecare Ltd. have been directed to follow up on this issue individually with each AIIMS separately and submit an action taken report to the Ministry by 19th September, 2022. All the twenty new AIIMS viz. Bhopal, Bhubaneswar, Jodhpur, Patna, Raipur, Rishikesh, Raeebareli, Nagpur, Mangalagiri, Kalyani, Guwahati, Bibinagar, Gorakhpur, Batinda, Deoghar, Bilaspur, Vijaypur Jammu, Awantipora, Rajkot and Madurai are requested to coordinate with HLL and take necessary steps towards opening of AMRIT Stores in AIIMS.” 13. In fact, Government of India has taken a decision to establish AMRIT Stores in AIIMS, Rishikesh. In the order dated 22.08.2023, passed in the Original Suit, while rejecting the temporary injunction application of the petitioners, the court observed that the AMRIT Stores provides low cost generic medicines and also provide medical apparatus/instruments at low costs. If Government of India is running those AMRIT Stores under their own supervision so as to provide cost effective medicines and medical/surgical apparatus to the patients, there may not be any need for tendering it. It serves the better purpose for providing low costs medicines to those, who are in need of it. There may be no competition of it because AMRIT Stores are under the supervision of Government of India and under their directions they are being opened. 14. In view of the foregoing reasons, this Court does not see any reason to make any interference in this petition. Accordingly, the petition deserves to be dismissed at the stage of admission itself 15. The petition is dismissed in limine.