Himachal Upbhokta Sarakanshan Parishad vs State of Himachal Pradesh and Others

Kurian Joseph, C.J.

The petition has been filed on the following prayers:-

i) That the impugned order Annexure P-2 dated 21st May 2007 may kindly be quashed and set aside.

ii) That the respondents be directed to issue necessary Instructions to use the anti rabies vaccination as well hepatitis B. vaccine through ID routes.

iii) The respondents may be directed to issue appropriate directions to prepare vials of the vaccine only to the extent for one time use for I.D. route. The respondent may also kindly be directed to follow the guidelines of WHO with regard to universal vaccination of hepatitis B.

iv) That the respondents be directed to complete the prevalence study in the whole State of Himachal Pradesh before launching the universal vaccination of hepatitis B so that citizen may be saved from over exposure to the vaccine as well as side effects of vaccine.

v) That the Respondents be directed to conduct prevalence study in the State/States before launching any immunization Programme such as HIB vaccine.

vi) That the lebel on the vials of Hepatitis-B, Anti-rabies vaccine and other such vaccines that can be given Intra-Dermal must read as "For Intra=Dermal use also

In the reply vide paragraphs 1 and 2, it is stated as follows:

That it is very humbly submitted that before the year 2005, the Sheep''s Brain Vaccine (Nervous Tissue Vaccine) was available free of cost and there was no and there was no need to follow intra Dermal Route as Nervous Tissue Vaccines were given sub-cutaneously. However, now as per the recommendation of World Health Organization, the Government of India has also approved the use of intra Dermal Route for inoculation of Tissue Culture Anti Rabies Vaccine in the Country in the Anti Rabies Training Centers meeting out certain criterion. It is further submitted that after having received the above approval/directions from the Government of India, all the Chief Medical Officers and other sub-ordinate offices under the present replying Respondent Department have further been asked/directed to follow the Intra Dermal route instead of Intra Muscular Route in their respective Districts for Anti Rabies Vaccine, vide letter No. HFW-H/(EPI)G(2)1/87 Vol-XII, dated 15/5/2008, attested photocopy whereof is placed on record as Annexure R-5/I for kind perusal of the Hon''ble Court.

In view of above, there remains nothing to survive in present application, which deserves to be dismissed in the interest of justice.

That it is submitted that the Government of Himachal Pradesh has launched Universal Hepatitis-B immunization Intra Muscularly by including the same in routine immunization schedule, and no standard book of medicine has recommended Hepatitis-B Vaccination Intra Dermally. It is added that Infection due to Hepatitis-B virus became a Global Health Problem, which situation necessitated immunization with Hepatitis-B Vaccine and World Health Organization and UNICEF recommended Hepatitis-B as an integral part of National Immunization Programme.

There is no rejoinder. In view of the above stand taken in the reply, in case the Petitioner has still any grievance, the Petitioner may bring the same to the notice of 3rd Respondent , in which case the matter will be duly considered by the said Respondent and appropriate action in accordance with law and justice shall be taken within a period of six weeks from the date of receipt of representation along with copy of this judgment. In case the Petitioner requests for personal hearing, same shall also be granted while considering the representation.

The petition is disposed of in the above terms, so also the pending CMP(s), if any.