Excelsior Correspondent
JAMMU, May 4: In a petition filed by Sanyog Enterprises Pvt. Ltd, the High Court has stayed the order of closure of 24X7 Pharmacy Shops in the Government Hospitals.
Advocate Vikram Sharma appearing for the petitioner submitted that the order passed by Principal GMC dated 06.04.2016, was illegal, arbitrary and incompetent and also confronting the duly executed contract between the petitioner and Managing Director, J&K Medical Supplies Corporation Ltd.
Seeking direction to the respondents to honour the terms of the contract and give suitable shops/slots in the health institutions on all locations allotted to the petitioner within a reasonable time-frame to run 24×7 Pharmacy Shops, the counsel for the petitioner submitted that communication impugned was absolutely silent on the reason of its issuance except the verbal orders of Managing Director, J&K Medical Supplies Corporation Ltd.
“The date of issuance of communication impugned i.e. immediately after the replacement of Governor’s rule with the formation of elected Government and re-allocation of portfolios, does speak about the intent and reason behind the issuance of communication impugned that too on the verbal orders of the Managing Director, J&K Medical Supplies Corporation Ltd”, he said, adding “the verbal orders, if at all issued by Managing Director, J&K Medical Supplies Corporation Ltd, are bereft of any legal force, are non-est and lack enforceability”.
“Personal vendettas inter-se amongst the top in administration and Government can not infringe upon the rights of its citizen/persons vested in them by the State’s acts”, Advocate Sharma said, adding “the petitioner has ever since been approaching the respondents from one office to the other to seek the enforcement of their commitment made to the petitioner after extracting a complete bid-amount of Rs 21.51 crore, as also seeking enforcement of its undertaking to the Division Bench in WPPIL 04/2016”.
“The mighty respondents, instead of honouring the commitment and the undertaking so given, are threatening the directors and employees of the petitioner company of a series of prosecutions by different agencies viz. crimes, vigilance organization etc., citing their share of power in the State”, he said.
After hearing Advocate Vikram Sharma, Justice Tashi Rabstan issued notice to Secretary Health & Medical Education, Managing Director, J&K Medical Supplies Corporation Ltd, Principal, Govt. Medical College Jammu, Principal Dental College, Jammu, Director Health Services, Jammu, Medical Superintendent, Govt. Medical College Hospital, Medical Superintendent, Super-Speciality Hospital and Medical Superintendent, Psychiatric Hospital and granted week’s time for filling response.
“In the meanwhile subject to objections, the closure of 24X7 Pharmacy Shops in Government Hospitals is stayed”, High Court ordered.
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