Writ petition challenging a communication allowing sales representatives in hospitals was dismissed. The court noted the overlap with doctors' working hours but concluded no order could be made.
The writ petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W/P.(C) No.16712 Of 2013 (Through hybrid mode)
Odisha Sales Representatives Union ….
Petitioner
Mr. A. Patnaik, Advocate
-versus-
State of Odisha and others
…. Opposite Parties
Mr. P.C. Panda, Addl. Govt. Advocate
CORAM: JUSTICE ARINDAM SINHA
ORDER 02.11.2021
Order No.
32.
1. Mr. Patnaik, learned advocate appears on behalf of petitioner and submits, his client is association of medical sales persons. The association wants quashing of communication dated 12th February, 2013, made by Revenue Divisional Commissioner. This is because the sales persons want a widow of one hour, to meet and interact with the doctors regarding current and new prescription drugs. He hands up and relies on notification dated 12th January, 2015, by which eight hours of work was fixed for sales promotion employees. He submits, such eight hours of work for members of his clients’ association overlaps with hospital working hours of doctors. Hence, prayer to quash the communication.
2. Mr. Panda, learned advocate appears on behalf of State and refers to additional affidavit filed by Member Secretary to Government of Odisha, Health and Family Welfare Department. He submits, it has
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been stated that sales representatives should not be allowed to visit in hospital premises, in interest of patient care, as it is likely to hamper efficiency in service delivery.
3. Members of petitioner association must schedule their hours of work to approach doctors in their chambers for purpose of interaction on sales of prescriptions drugs. Doctors visiting hospitals must give their time for treating patients.
4. In view of above no order can be made on the petition.
5. The writ petition is dismissed.
Sks
(Arindam Sinha)
Judge
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1 issue framed by the court
Whether the communication dated 12th February, 2013, mandating sales representatives' presence in hospitals should be quashed.
Odisha Sales Representatives Union
State of Odisha
Arindam Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
