Kanwaljit Singh Ahluwalia, J. - (1.) COUNSEL for the Petitioners and the caveat -Respondent No. 3, at the outset, have stated that CWP No. 10896 and 10897 of 2011, involve same question of law and identical facts, except that the Number of the shops, which are in possession of the respective Petitioners is different, therefore, the same be decided together. In view of the joint request made by Counsel for the Petitioners, facts shall be gathered from CWP No. 10896 of 2011.
(2.) PETITIONER was allotted shop No. 12 in the Shopping Complex of Post -Graduate Institute of Medical Sciences, University of Health Sciences, Rohtak as a licencee vide allotment Annexure P -2 on 25.3.2004 at a licence fee of Rs. 8552/ -per month. Counsel for the Petitioners have referred to Clause 8 of the Policy, Annexure P -1, wherein it is stated that the medicines to be provided at the shop should be of reliable quality and economical. Counsel have further referred to Clause 6 of the Agreement (Annexure P -3) which states that the shopkeeper will be allowed to retain reasonable margin only at the rate of 10 to 15%. Counsel state that now by auctioning the shop at a very high rate, the policy of providing medicines at economical rates has been shelved and the Respondent -University is only garnering maximum revenue. After hearing Counsel for the parties, this Court is of the view that auction is the most transparent manner therefore, giving shops on auction, to garner maximum revenue, is in the interest of the Institution. However, this Court is of the view that at the same time the patients who belong to the lower strata of the society and are poor, are also entitled to purchase medicines at an affordable rate.
(3.) THIS Court in a Public Interest Litigation had considered opening of Jan Aushadhi Shop at PGI Chandigarh, therefore, without affording any relief to the Petitioner, this Court is of the view that Respondents should explore the possibility of opening Jan Aushadhi shop in the premises of the Respondent -University, in the shops to be vacated by the Petitioners.;