STATE OF ORISSA AND ANR. versus RADHEYSHYAM MEHER AND ORS.

Citation: [1994] SUPP. 6 S.C.R. 591 · Decided: 14-12-1994 · Supreme Court of India · Bench: S.C. AGRAWAL, FAIZAN UDDIN · Disposal: Appeal(s) allowed
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Judgment (excerpt)

STA TE OF ORISSA AND ANR. 
A 
V. 
RADHEYSHY AM MERER AND ORS. 
DECEMBER 14, 1994 
[S.C AGRAWAL AND FAIZAN UDDIN, JJ.] 
B 
Constitution of India, 1950: Article 19(I)(g). 
State-Decision to open 24 hours medical store within Hospital 
premises-Challenge by persons having medical store in front of 
Hospital-Direction by High Court not to settle opening of medical store C 
within Hospital premises subject to undertaking by Medical Store owners 
that they will open shop for twenty four hours-Direction held not 
justified-Held State's decision is in public interest-Exercise of power by 
State to advance larger public good cannot be abridged on the ground that 
it affects individual interest of certain traders. 
D 
With a view to helping the patients in getting medicines day and 
night without any difficulty, the appellant-State decided to open 24 
hours medical store within the campus of the hospitals. Pursuant to the 
said policy decision the Superintendent - CMDO, Bolangir invited 
applications from the intending shop owners for opening 24 hours 
medical store inside Sub-Divisional Hospital, Patnagarh. The E 
respondents, having their medical stores in front of the hospital, filed a 
writ petition in the Orissa High Court challenging the advertisement on 
the ground that it would affect their business interest The High Court 
directed the State not to settle the opening of the proposed medical 
store subject to the respondents giving an undertaking that each one of F 
them shall keep the shop open day and night and shall make the 
medicines available to patients. The State preferred an appeal in this 
Court contending that the High Court erred in interfering with the 
State's decision which was taken in public interest. 
Allowing the appeal and setting aside the order of the High Court, G 
this Court 
HELD: 1. The intention of the appellants to open a medical store 
within the hospital campus is to salvage the difficulties of the patients 
admitted in the hospital and this object of the appellants has direct 
nexus with the Public Interest particularly that of the patients and, H 
591 
592 
SUPREME COURT REPORTS 
[1994) SUPP. 6 S.C.R . 
A 
therefore, the High Court should not have interfered with the decision 
of the State Government to settle the holding of a medical store in the 
Hospital premises. (595 A] 
2. It can hardly be disputed that the consideration of availability of 
the medicines to the patients should be the uppermost consideration as 
B 
compared to the right of a person to derive income and make profits 
for his sustenance by running a medical store for the reason that the 
medical stores are primarily meant for the patients and not the patients 
for the medical stores or those who run the same. Therefore, the 
submission of the respondents that if a medical store is opened within 
the campus of the hospital, the same will jeopardise their interest 
C 
adversely affecting their business and that they will not be able to sus-
tain themselves, could not be a valid ground to disallow the appellants 
to open a shop within the hospital campus. (594 E to F] 
D 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 9277 of 
.1994. 
From the Judgment and Order dated 27.9.93 of the Orissa High Court 
in O.J.C. No. 5435of1993. 
A.K. Panda for the Appellants. 
E 
B. Parthasarthy for the Respondents. 
F 
G 
H 
The Judgment of the Court was delivered by 
FAIZAN UDDIN, J. 1. Leave granted. · 
2. The short question that arises for· our consideration in this appeal is 
whether the impugned order of the High Court of Orissa dated 27.9.93 
passed in O.J.C. No. 5435/93 directing the appellants not to take any 
decision on the advertisement dated 27.7.93 issued by the Superintendent 
C.D.M.O., Bolangir to settle the shop with any one to hold a medical store 
inside the hospital premises, Patnagarh could be sustained in the absence of 
any material to show that the said decision of the Government is arbitrary 
or opposed to any rule or regulations in that behalf. 
3. The brief facts leading to this appeal under Article 136 of the 
Constitution are that the State Government of Orissa with a view to 
streamline the existing procedure for opening of 24 hours medical stores in 
the college, Hospitals, etc. and in supersession of previous instructions took 
STATE OF ORISSA v. R. MEHER [FAIZAN UDDIN, J.) 
593 
a decision that 24 hours medical stores shall be opened in the campus of the A 
hospitals which shall remain open for all the 24
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