The Supreme Court (SC) has issued a mandamus prohibiting private pharmacies within the government hospital premises. Issuing the full text of the verdict issued one year ago by a joint bench of Justices Bishwambhar Shrestha and Tej Bahadur KC on a writ petition filed against revocation of Bir Hospital's decision to invite bids to rent shutters to private pharmacies three years back, it has instructed the government hospitals to operate their own pharmacies instead.
"The act of renting shutters inside one's premises to operate private pharmacies cannot be deemed in accordance to law," the full text of the SC verdict states. "The notice published in Gorkhapatra on June 10, 2015 inviting bids to rent shutters 1-14 by Bir Hosiptal, the bids submitted and all the actions taken on them are also revoked through a certiorari order," it adds.
It has also instructed the government to supply the medicines listed as free, and to distribute them free from the selected hospitals.
Bir Hospital had invited bids for private pharmacies even as the Health Ministry had already issued circulars to the public hospitals instructing them to operate their own pharmacies. The SC has deemed Bir's decision to rent the shutters to private pharmacies despite the ministry's circular against the law.
The Apex Court has also issued a mandamus in the name of the Health Ministry to monitor and evaluate whether government hospitals across the country are providing service by operating their own pharmacies.
