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2016 Supreme(Pat) 1434
IN THE HIGH COURT OF PATNA
Hemant Gupta, Arvind Srivastava, JJ.
Dhanesh Sharma and Ors. - Appellants
Vs.
The State of Bihar and Ors. - Respondents
CWJC Nos. 22287 of 2014 and 8323 of 2016
Decided On : 15-12-2016
Advocate Appeared:
For the Appellants : Sunil Kumar
For the Respondents: P.K. Verma, Saroj Kumar Sharma and Mankeshwar Tiwari
The court emphasized that the decision on whether the Institute should produce vaccines or be used for research purposes is a policy decision and cannot be directed by the court.
Headnote:
Bacterial Vaccine Production - Public Interest - The court dismissed the petition seeking a direction to start production from the Bacterial Vaccine Production Plant, stating that it is a policy decision whether the vaccine is to be produced from the Institute or used for research purposes.
Fact of the Case:
The petitioners sought a direction to start production from the Bacterial Vaccine Production Plant in the Institute of Animal Health and Production, Bihar. The respondents stated that the tender for installation and commissioning of the plant was cancelled due to irregularities and illegalities. The Institute was proposed to be transferred to the Bihar Veterinary University.
Finding of the Court:
The court found that it is a policy decision whether the vaccine is to be produced from the Institute or used for research purposes. As it pertains to a policy decision, the court dismissed the writ petitions.
Issues: Policy decision on the use of the Institute for vaccine production or research purposes.
Ratio Decidendi: The court held that as the matter pertains to a policy decision, no direction can be given to use the Institute in a particular manner.
Final Decision: The writ petitions seeking a direction to start production from the Bacterial Vaccine Production Plant were dismissed.
Hemant Gupta, J.
1. The petitioners have invoked the writ jurisdiction of this Court in public interest for a direction to the respondents to start production from the "Bacterial Vaccine Production Plant" installed in the Institute of Animal Health and Production, Bihar. In the counter affidavit filed, it was stated that a contract was given to M/s. J.H. Bio Innovation Pvt. Ltd. for installation and commissioning of Bacterial Vaccine Production Plant in March, 2013, but the tender was cancelled on account of irregularities and illegalities committed. The Company challenged the cancellation of tender by way of writ application before this Court. This Court remitted the matter to the Principal Secretary, Animal Husbandry Fisheries Department, Bihar to examine the issue, verify the facts and take a decision and act accordingly by recording a reasoned and speaking order. It is thereafter, the claim of the Company was rejected on 21st December, 2015 finding irregularities and illegalities in the tender process. It is, thus, pointed out that it is not possible to make payment to the Company in question or possible to purchase a new machine for the plant through fresh tender as no fund is available for the same. It is also pointed out that as per the Policy Statement of the State, Animal Vaccines will not be produced from the Animal Health and Production Institute of Patna as this Institute will now do the research work for the development of next generation vaccines. It has also been pointed out that the Institute is proposed to be transferred to the Bihar Veterinary University for which Bihar Pasu Vishwa Vidyalaya Adhiniyam, 2016 has been enacted.
2. We do not find that the petitioners are entitled to seek a direction that the vaccines must be produced by the Institute. It is a policy decision as to whether vaccine is to be produced from the Institute in question or it has to be used for the purpose of research for which the said Act has been enacted for development of live stocks. Since the matter pertains to the policy decision in respect of use of the Institute, we do not find that any direction can be given to use the Institute in a particular manner. In view of the said fact, we do not find any merit in the present writ petitions. The same are, thus, dismissed.
Petition Dismissed.
