Karnataka Government Challenges High Court Ruling on Jan Aushadhi Kendras
The Karnataka Government has formally filed an appeal against a recent high court order that invalidated its directive to close Jan Aushadhi Kendras (JAKs) located outside government hospital premises. This legal move comes as the state clarifies that it is not disrupting the operation of approximately 1,200 kendras situated beyond hospital boundaries, while contesting the status of those inside medical facilities.
Background of the Government Order and Court Intervention
In May 2025, the Karnataka Government issued an order mandating the closure of Jan Aushadhi Kendras operating under the Centre's Pradhan Mantri Bhartiya Janaushadhi Pariyojana scheme within government hospitals. The rationale cited was the state's provision of free medicines to patients, aiming to eliminate commercial drug sales on hospital premises. However, this directive faced legal challenges from shop license owners, leading to a single-judge order on December 19, 2025, which quashed the government order.
Advocate General Shashi Kiran Shetty, representing the state, informed the Karnataka High Court that the discontinuation of licensor and licensee agreements with petitioners is framed as a policy decision. He emphasized that external kendras remain unaffected, with only internal ones being contested. Out of 187 kendras inside hospitals, the government has independently relocated 61 outside, while 126 shop owners have legally challenged the eviction order.
Legal Proceedings and Judicial Response
A division bench comprising Chief Justice Vibhu Bakhru and Justice C M Poonacha heard the state's submission and issued notices to respondents, including shop owner Pradeep T and the Pharmaceuticals and Medical Devices Bureau of India. The appeal is scheduled for a hearing on April 2, 2026. Additionally, the bench directed the consolidation of similar appeals filed in Dharwad and Kalaburagi, ensuring a unified judicial review.
The Dharwad bench, in its earlier order, strongly criticized the government's move, labeling it as "yet another slogan of providing a freebie" and questioning the logic behind evicting kendras merely to promote free medicine distribution. This criticism underscores the contentious nature of the policy, which has sparked debate over healthcare accessibility and government oversight.
Political and Policy Implications
Karnataka Health and Family Welfare Minister Dinesh Gundu Rao previously stated in the Legislative Council that the government would challenge the high court order, asserting that the intent is solely to ensure free medicines and treatment in government hospitals, devoid of political motives. This stance highlights the ongoing tension between state healthcare initiatives and federal schemes like the Janaushadhi Pariyojana.
The case reflects broader issues in India's healthcare landscape, where balancing free public health services with affordable private options remains a challenge. As the legal battle unfolds, stakeholders including patients, kendra operators, and policymakers await a resolution that could set precedents for similar disputes nationwide.
