Karnataka High Court Quashes Govt Order Closing Jan Aushadhi Kendras In Govt Hospitals

The Karnataka High Court on Wednesday allowed a batch of petitions and quashed a government order dated May 14 which directed closure of all Jan Aushadhi Kendras (JAKs) operating within the premises of government hospitals.

A single judge Justice M Nagaprasanna sitting at Dharwad bench allowed the petition filed by Rakesh Mahalingappa L and Others. It said “Allowed and quashed.” A detailed order is yet to be made available.

It orally said “We will not allow one wing of the government to tinker with the medicines being given to the poor whether it is free of cost or for nominal price.”

The government advocate had opposed the petition contending that the state government had decided to supply free medicine in government hospitals and thus operation of Kendras within the government hospitals was not essential. Further the Kendras are not stopped from operating outside and it is only on government land within the hospital premises.

The counsel for petitioners argued that the GO was passed in haste, without consulting them or even giving a warning, and defeats public interest.

It was also submitted that it cannot be the submission of the state that a small Kendra is coming in its way of distributing free medicine. They have always been giving medicine for free. I am not coming in their way, we both are working towards public interest.

They please 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 plea further claimed 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.

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.ion

Case Title: RAKESH M S/O. MAHALINGAPPA L. And STATE OF KARNATAKA.

Case No: WP 103827/2025.

Appearance: Anirudh A Kulkarni, Vasista Ramprasad, and Shreyas S for Petitioners.

Additional Advocate General Gangadhar JM for State