Karnataka High Court Stays Govt Order Closing 'Jan Aushadhi Kendras' In Govt Hospitals For 18 Aggrieved Owners

The Karnataka High Court has stayed qua the 18 petitioners, the operation of a Government Order issued by State's Health Department directing closure of all Jan Aushadhi Kendras (JAKs) operating within the premises of government hospitals.

Justice M I Arun passed the order in a batch of petitions filed by the owners of the Kendras, stating, “The concession granted to the petitioner to run a Jan Aushadhi Kendra (pharmacy shop) in the respondent no 4-hospital shall not be terminated till the next date of hearing."

The Petitioners contended that the GO was passed in haste, without consulting them or even giving a warning, and defeats public interest.

They contended to have invested money in infrastructure development, medicine inventory, equipment and furniture, staff salaries, obtaining necessary licenses and permissions for the purpose of running the Kendra and thus, had a "legitimate expectation" from the State. However, the impugned GO infringes upon their right to livelihood under Article 19(1)(g) and right to life under Article 21 of the Constitution.

The GO was statedly issued since doctors are prohibited from encouraging patients to purchase medicines from external facilities and opening a Jan Aushadhi Kendra within the hospital premises would be contrary to the said policy.

The plea claims that the impugned GO unfairly impinges their rights while simultaneously allowing such similarly placed set ups like "Janata Bazaar" and "Janasanjeevini Stores" which are also aimed at providing quality generic medicines at affordable rates.

The plea further claims that Jan Aushadhi Kendras provide generic medicines at 50-90% reduced rates making healthcare accessible to those who fall under the below poverty line category, senior citizens on fixed incomes, daily wage workers and chronic patients requiring regular medication. Thus, it does not in any manner affect larger public interest adversely and rather, their closure impacts citizens' right to health.

Case Title: Shirkanth Joshi AND State of Karnataka & Others

Case No: WP 201793/2025

Appearance: Advocates Anirudh A Kulkarni, Vasista Ramprasad, Shreyas S

Ananth SJ, For Petitioners

AAG Archana P. Tiwari For State