KAJAL KUMARI Vs. UNION OF INDIA
LAWS(PAT)-2022-5-5
HIGH COURT OF PATNA
Decided on May 11,2022

Kajal Kumari Appellant
VERSUS
UNION OF INDIA Respondents




JUDGEMENT

- (1.) The writ application has been filed seeking a direction upon the respondents for allocation of space for opening of Pradhan Mantri Bhartiya Jan Aushadhi Kendra (hereinafter referred to as 'Kendra') within the jurisdiction of Mansik Arogyashala, Koilwar (hereinafter referred to as 'Arogyashala'). The petitioner has also sought a direction upon the respondents to issue necessary permission and to take a decision for operating the Aushadhi Kendra at the Arogyashala.
(2.) The case of the petitioner is entirely based on the Pradhan Mantri Bhartiya Jan Aushadhi Pariyojana (hereinafter referred to as 'Pariyojana') to be implemented in the country through the Bureau of Pharma Public Sector undertakings of India (BPPI), a Society set up under the Department of Pharmaceuticals, Ministry of Chemicals and Fertilizers, Govt. of India. The BPPI is registered under the Societies Registration Act and suitably assisted by the Central Government both financially and technically.
(3.) The petitioner claims to be a graduate. She made an application dtd. 8/4/2019 (Annexure-3), on her own initiative, before the Director of the Arogyashala expressing her desire to open a Kendra at the Arogyashala, for which she sought permission. Annexure(s)-4 and 5 are two representations dtd. 19/7/2019 and 9/9/2019 for the same purpose. It is the petitioner's case that the Director of the Arogyashala has issued a No Objection Certificate in favour of the petitioner, out of five applicants and has thus recommended the name of the petitioner for establishment of Arogyashala. It is also the petitioner's case that her application was forwarded by the head office of the BPPI to the Director of the Arogyashala under communication dtd. 27/9/2019. Thereafter, it is the petitioner's case that the BPPI, under communication dtd. 3/12/2019 (Annexure-8) asked the petitioner to submit some documents for further processing of her application.;


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