New Delhi : In a relief to the private medical shops being forced to move out of the government hospital premises in Madhya Pradesh, the Supreme Court ordered the state government to hold an open bid for the shops and allow the present owners to participate in it.
“Till such fresh bids are held, the appellants shall not be disturbed but shall continue to pay the enhanced rate of rent and pay any arrears within four weeks,” held a 3-judge Bench of Justices Ranjan Gogoi, Navin Sinha and KM Joseph.
The appellants included Bharmal Medical Store of Badnagar, Apna Medicaze and others that were asked to vacate the shop premises within the district hospital of Ujjain as also the civil hospitals at Nagda, Khachrod, Mahidpur and other places.
They were asked back in 2013 to vacate the shops and shift out of the hospital compounds to enable setting up the government shops for free supply of essential drugs to patients under the Sardar Vallabhbhai Patel Nishulka Aushadhi Vitaran Yojana.
The Apex Court quashed the High Court ruling that rejected their plea on the ground that the lease of the shops allotted to them in 2000/2001 had long expired and as such they have no right to continue within the hospital premises.
It said the govt’s plan to supply free medicines to patients is laudable but it should be balanced with the competing interest of the applicants to earn their livelihood when peaceful coexistence is possible.
Noting that the government had stated existence of a large number of medical shops immediately outside the premises to take care of the needs of the patients, the Bench dubbed it as a “tacit admission” to have private medical shops in the vicinity for the convenience of the patients.
It also noted that the shop premises are not unauthorised structures but provided by the government itself. It said the appellants cannot claim an indefeasible right to continue, but they be given opportunity to participate in open bid for continuing in those shops.