P M BHARGAVAV DRUGS CONTROLLER Vs. STATE

JUDGEMENT

(1.) In this writ petition filed by way of public interest litigation the petitioner has sought for the following relief: To issue a writ, direction or order especially in the nature of mandamus, prohibiting Bharat Biotech International Limited from manufacturing or marketing or administering Hepatitis-B vaccine using Pichia Pastoris as a vector.

(2.) When the matter came up for admission, on 4.10.2001 a learned single Judge of this Court passed the following interim order: In the circumstances, 1 am of the considered opinion that public interest requires immediate analysis of the samples of vaccine manufactured by Bharat Biotech (3rd respondent in the writ petition) and for the aforesaid purpose, 1 am of the considered opinion that CCMB is the organisation which should be entrusted with this responsibility. In the circumstances, a Director of CCMB is directed to purchase three vials of Hepatitis-B vaccine known as Revac-B manufactured by Bharat Biotech from the open market as its cost and also receive three vials to be made available by the petitioner and three vials to be made available by Bharat Biotech and test and analyse the same and submit a comprehensive report to this Court by Tuesday i.e. 9.10.2001. The samples shall be made available by the petitioner as well as the 3rd respondent before 11.00 a.m. on 6.10.2001. The Director of CCMB shall receive the same and acknowledge.

(3.) Aggrieved by the said order, 3rd respondent has preferred the aforesaid writ appeal. With the consent of the Counsel for both the parties, the writ appeal and the writ petition were taken up together and are being disposed of by this common order. The parties will be referred to by their status in the writ petition.