The abrupt shutdown of public welfare outlets violates the doctrine of legitimate expectation and principles of fairness under Article 14, says the Karnataka High Court.
In a landmark decision, the Karnataka High Court's Dharwad Bench, presided by Justice M. Nagaprasanna, quashed the orders for the closure of Janaushadhi Kendras operating within government hospital premises in the state. The writ petitions challenged the state’s sudden decision to shut down these outlets, which had been supplying affordable generic medicines to the public for over seven years under the Pradhanmantri Bharatiya Janaushadhi Pariyojana.
Petitioners, led by Jagadeesha Moger, argued that the state’s directive violated the principles of legitimate expectation and fairness, as they had been operating the Kendras under formal agreements with the government. The court observed that these closures were neither supported by demonstrable public interest nor justified with any evidence of the actual availability of free medicines, as claimed by the state.
Highlighting the importance of non-arbitrariness and consistency in state actions, Justice Nagaprasanna emphasized that the Kendras were established as part of a national policy to make medicines affordable and accessible. The court noted that the abrupt policy reversal, without clear reasons, undermined public trust and the legitimate expectations of the petitioners, thereby violating Article 14 of the Constitution.
The court further issued a mandamus, directing the state to allow the continued operation of the Kendras in their allotted premises, emphasizing that public interest should drive governance rather than political motives. The judgment serves as a reminder of the judiciary’s role in safeguarding citizen rights against arbitrary state actions.
Bottom Line:
Closure of Janaushadhi Kendras operating within Government Hospitals without cogent reasons violates the doctrine of legitimate expectation and principles of fairness and non-arbitrariness under Article 14 of the Constitution of India.
Statutory provision(s): Article 14 of the Constitution of India
Jagadeesha Moger v. State of Karnataka, (Karnataka)(Dharwad Bench) : Law Finder Doc Id # 2824508
