Chemists and Druggists Association Vs State of Hp and Others

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2024:HHC:13488

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CWP No.2937 of 2024

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Date of Decision: 06.12.2024

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____________ ___________________________________________ Chemist & Druggists Association …….Petitioner Versus The State of Himachal Pradesh & others … Respondents _______________________________________________________

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Coram:

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Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting?¹

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For the Petitioner: Mr. Rahul Mahajan, Advocate. For the Respondents : Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General, for respondent Nos. 1 to 4.

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Mr. Balram Sharma, Deputy Solicitor General of India, for respondent No.5.

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Mr. R.K. Bawa, Senior Advocate with Mr. Y.P. Sood, Advocate, for respondent No.6.

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_______________________________________________________ Sandeep Sharma, Judge (oral): Precisely, the grouse of the petitioner as has been highlighted in the petition and further canvassed by Mr. Rahul Mahajan, learned counsel representing the petitioner, is that despite there being repeated complaints, no action is being taken against respondent No.6, who has been selling non-generic medicines and surgical items at Janaushadhi Kender situate at MGMSC Khaneri,

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1 Whether the reporters of the local papers may be allowed to see the judgment?

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2

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2024:HHC:13488

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Tehsil Rampur, District Shimla, Himachal Pradesh. While making this Court peruse sample copy of agreement required to be executed interse Pharmaceuticals & Medical Device Bureau of India (hereinafter referred to as ‘PMBI’) and competent allottees , Mr. Rahul Mahajan, learned counsel representing the petitioner submitted that as per Pradhan Mantri Janaushadhi Pariyojna (hereinafter referred to as ‘PMBJP’) only generic medicines can be sold at Janaushadhi Kendras. However, in the case at hand, respondent No.6, apart from selling generic medicines had also been selling nongeneric medicine and surgical items.

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Reply filed by respondent No.6 is on record, wherein it has been stated that after execution of agreement, as detailed hereinabove, permission has been granted by Medical Superintendent-cum-Secretary, RKS MGMSC Khaneri, Rampur to sell non-generic medicines as well as sell surgical equipments in Janaushadhi Kendra (Annexure R-6/1). Letter dated 12.03.2021, issued by Bureau of Pharma Public Sector Undertaking of India has been also placed on record.

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At this stage, Mr. Balram Sharma, learned Deputy Solicitor General of India, while inviting attention of this Court to the reply filed by respondent No.5, fairly states that having taken note of complaint received against respondent No.6, show cause notice

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2024:HHC:13488

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already stands served upon aforesaid respondent, but till date, he has not filed reply. Mr. Sharma, further states that though respondent No.5 would have proceeded with the matter in the absence of the reply to the show cause notice, but on account of pendency of the present petition, no action till date has been taken. Mr. Sharma, further states that action initiated pursuant to the complaint received in the office of respondent No.5, shall be taken to its logical end expeditiously.

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Consequently, in view of the aforesaid fair stand adopted by respondent No.5, this Court deems it fit to dispose of the present petition with a direction to respondent No.5 to ensure that complaint received by it with regard to selling of non generic medicines and surgical equipments at Janaushadhi Kendra situate at MGMSC Khaneri, Tehsil Rampur, District Shimla, Himachal Pradesh, is taken to its logical expeditiously, preferably within a period of six weeks. Ordered accordingly. Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of hearing to the petitioner as well as respondent No.6 and pass detailed speaking order thereupon. Liberty is reserved to the parties to the lis to file appropriate proceedings in appropriate Court of, if they still remain aggrieved. Till the time, needful is not done by respondent

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2024:HHC:13488

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No.5 in terms of instant order, interim order dated 8.4.2024 shall remain in force. Pending applications, if any, also stand disposed of.

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(Sandeep Sharma), Judge

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December 06, 2024

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(shankar)