S. A. BOBDE, J.:- Rule. Rule returnable forthwith. Heard finally by consent of the parties.

2. This petition involves question of regulation of prices of certain drugs and medicines manufactured in India with a view that such drugs are made available to the consumers at the lowest possible price.

3. Mr. Naik, the learned Amicus Curiae, pointed out from Annexure-A to the petition, a list of drugs, which clearly shows a wide disparity in the prices of drugs merely because they are manufactured by different companies. The said list is reproduced below:

DRUG NAME COMPANY NAME QUANTITY CURRENT PRICE

Cetrizine 10 mg (Anti Allergic Tablet)

Alzme (Core) 10's 7.80

Hicet (Micronova) 10's 14.80

Cetnzet (Sun) 10's 34.00

Ciprotloxacin 500 mg (Antibiotic Tablets)

Zoxan (FDC) 10's 44.75

Biocip (Blochem) 10's 49.95

Cifran (Ranbaxy) 10's 89.60 Flunarizine 10 mg (Migraine)

Migon (Le Sante) 10's 19.90

Migrmd (Cipla) 10's 20.25

Siblium (Johnson & Johnson) 10's 52.00

Gabapentin 300 mg (Anticonvulsant)

Gabapm (Instas) 10's 98.00

Neurontin (Pfizer) 10's 312.87

Gliclazide 80 mg (Anti Diabetic)

Glycor (USV) 10's 23.65

Lycazid (Jagsonpal) 10's 31.00

Diamicron (Serdia) 10's 63.00

Reflunomide 10 mg (Used in Rhumatoid Arthritis)

Rumalef (Zydus Cadlla) 10's 80

Arava (Aventis) 10's 440.00

Levocetrizine 5 mg (Antiallergic)

1-AL (FDC) 10's 9.50

Airitis (NPIL) 10's 35.65

Vozet (GSK) 10's 46.00 Ofloxacin 200 mg (Antibiotic)

ZO FDC 10's 29.00

Zocin Winsame 10's 39.00

Z-Flox Zota Pharma 10's 54. 90

Varflox Zota-HC 10's 60. 00

Tarivid Aventis 10's 310.64 Pioglitazone 15 mg (Antidiabetic)

K-Pio Blue Cross 10's 9.00

Diaglit Biochem 10's 18.00

Bioglita Biochem 10's 19.98

Pepar Glenmark 10's 22.70

Oglo Panacea 10's 37.00

Plozone NIPL 10's 60.00 Ramipril 5 mg (Anti hypertensive)

Odipril (Blue Cross) 10's 23.00

Ziram (FDC) 10's 34.00

Hopecard (Ansto) 10's 49.20

Topril (Torrent) 10's 70.16

Ramey (Zydus Cadila) 10's 82.50

Cardace (Sanofi Avantis) 10's 97.03

Risperidone 2 mg (Antipsychotic)

Risdone (Intas) 10's 10.40

Rapidon (RKU Pharma) 10's 13.00

Risnia (Cipla-Protec) 10's 15.50 Riosperdal (Ethnor) 10's 270.00

Thyroxine 100 mcg (Thyroid Patients)

Roxin (Zydus Cadila) 10's 18.00

Eltroxin 10's 74.00 Valsartan 80 mg Mg (Anti Hypertensive)

Valzaar (Torrent) 10's 59.20

Starval (Ranbaxy) 10’s 69.00

Diovan (Novartls) 10's 410.00

Zoledronic Acid 4 mg (Tumour treatment)

Zolaria (Cipla) 1vial 2800.00

Blazetere (Dr. Reddy) 1vial 3299.00

Zometa (Vonartis) 1vial 12,500.00

4. From the above list, it is clear that there is wide disparity between the prices of the same medicines because they are manufactured and marketed by different companies. For instance, 1vial of Zolria manufactured by Cipla is Rs.2,800 and 1vial of Zometa manufactured by Vonartis is Rs. 12,500/-, which is having Zoledronic Acid 4 mg, a drug for tumour treatment. Mr. Naik, the learned Amicus Curiae, pointed out that it is the experience of patients that when they go to the counter to buy a particular medicine/drug, they are often told that the brand, which is relatively inexpensive and affordable, is not available and only the expensive brand is available. This, obviously, adds to the burden to the poor man, who is already suffering from some ailment. It is seen from the above that there is huge price variation between two brands of the same drug. Such practice is a matter of public concern and certainly a matter of public interest within the meaning of Rule 10(b) of the Drugs (Prices Control) Order, 1995, which reads as follows:

"10. Power to revise price of bulk drugs and formulations.- Notwithstanding anything contained in this Order,-

(a) .....

(b) t