Dismissed

M/S Bryogen Pharmaceuticals Pvt. L.Td., v. Union of India & Anr.

Delhi HC15 Mar 2024W.P.(C)/1425/2023

Case brief

AI extract

What is this about?

Petitioner sought to include a specific injection in the CGHS life-saving medicine list. The Court rejected the petition, noting the existence of alternative medicines and characterizing the medicine list as an administrative policy decision immune from interference.

What did the court decide?

Disposed of the writ petition and pending applications without granting the prayers.

M/S Bryogen Pharmaceuticals Pvt. L.Td., Vs Union of… — Service and Employment | Delhi HC (2024)

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$~6

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 1425/2023 & CM APPL. 5342/2023

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M/S BRYOGEN PHARMACEUTICALS PVT. L.TD.,

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..... Petitioner

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Through: Mr. Manish Kumar, Mr. Rakesh Shukla and Ms. Gunjan Sharma, Advocates.

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versus

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UNION OF INDIA & ANR. ..... Respondents Through: Ms. Pratima N. Lakra, CGSC with Ms. Vrinda Baheti, Ms. Kashish G. Baweja, Advocates. Mr. Abhishek Singh, GP and Mr. Aalok Kumar, Advocate.

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CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

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O R D E R % 15.03.2024

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The Petitioner, which is a pharmaceutical company and is a manufacturer of Injection Tauroven (Taurolidine), has approached this Court with the following prayers:

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“i. issue a writ of Mandamus, or any other Writ/order/direction(s) to the respondents to include the name of Injection Tauroven (Taurolidine) in the online list of life saving medicines on the website of the Central Government Health Scheme (CGHS);

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ii. direct the respondent no. 2 to issue appropriate letters/notices to its all the wellness centers about availability of Injection Tauroven (Taurolidine) for the

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Page 1 of 5

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W.P.(C) 1425/2023

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 01:32:55

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beneficiaries on case to case basis and made webportal functional for preparation of indent.

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iii, pass any other or further direction in the interest of justice may also be passed by this Hon'ble Court.”

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It is the case of the Petitioner that Injection Tauroven (Taurolidine) manufactured by the Petitioner must be included in the list of life saving medicines on the website of the Central Government Health Scheme (CGHS).

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Notice was issued in the writ petition on 03.02.2023. Pleadings are complete.

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It is the case of the Petitioner that since the Injection Tauroven (Taurolidine) manufactured by the Petitioner is a life saving drug and is being prescribed by Doctors in various hospitals and after the same is prescribed by the Doctors in hospitals then it is the duty of the Doctors of the CGHS Wellness Centres to prescribe the very same injection which has to be indented and supplied to the beneficiaries.

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On a pointed query being put by this Court on 11.03.2024 as to whether alternative or similar medicines are available in the CGHS Wellness Centres which can be given to the beneficiaries of CGHS, a status report has been filed by the Respondents on 14.03.2024. Though the said status report is not on record, a physical copy of the same has been handed over in Court. Paragraph Nos.2 to 7 of the status report reads as under:

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“2. That as per the direction dated 11.03.2024 of the Hon'ble High Court of Delhi in WP (C) 1425/ 2023, I am advised to submit the following relevant and material facts for the appreciation of this Hon'ble Court.

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Page 2 of 5

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W.P.(C) 1425/2023

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 01:32:55

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3. That it is submitted that Injection Taurolidine 2 gm/ 100 ml is an. antiseptic medicine and not a lifesaving chemotherapy medicine. It is used in patients who are admitted and undergoing procedures and treatments related to bladder irrigation, surgical irrigation, intraperitoneal lavage.

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4. That this medicine is for use of and towards indoor admitted patients as all the procedures abovementioned are to be performed after admitting the patient only and cannot be performed in outdoor/ OPD capacity.

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5. That it is further submitted that there are alternative, similar and/ or more efficacious medicines available which have been illustrated below on the basis of procedure which it can be used for:

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S. No.	Procedure	Alternative similar and/or more efficacious medicines
A	Bladder	(i) Neomycin – polymyxin solution (ii) Bladder irrigation with povidone-iodine in the prevention of urinary tract infections after single or intermittent urethral catheterisation (iodine solution) (iii) Acetic acid solution (iv) Normal Saline wash
B	Surgical Irrigation/Intrap aritoneal Lavage	(i) Metronidazole, Gentamycin and Cephalothin solution (ii) Normal saline wash
C	Catheter related blood stream	Injection Vancomycin is recommended by empirical

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Page 3 of 5

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W.P.(C) 1425/2023

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 01:32:55

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	infection	therapy
D.	Urinary tract	Depends on urine culture
	infection	and sensitivity test report.

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6. That the above stated alternatives are easily available, procurable and are also available with inhouse supply in medical facilities and hospitals. The same can be purchased on prescription. CGHS have its own system of procurement. Drugs prescribed by specialist are procured and issued to patient.

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7. As per NMC prescription guidelines: - Every Registered medical practitioner (treating doctor) is expected to prescribe drugs using generic names written legibly and prescribe drugs rationally avoiding unnecessary. medications and irrational fixed-dose combination tablets. (Generic Drugs and Prescription guidelines) and therefore, the names of solutions/ compositions available have been specified herein above. Various manufacturers are selling these solutions/ compositions with different brand names which are readily available in the market on a valid prescription.”

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In view of the fact that alternative or similar medicines are available in the CGHS Wellness Centres and also in view of the categorical stand of the Respondents in the status report that Injection Tauroven (Taurolidine) is not a life saving drug, this Court is not inclined to entertain the present writ petition.

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The question as to which of the medicines should be enlisted by the CGHS is purely a Policy decision and Courts while exercising jurisdiction under Article 226 of the Constitution of India normally do not interfere with such policy decisions unless the same is completely arbitrary or perverse.

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Page 4 of 5

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W.P.(C) 1425/2023

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 01:32:55

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As stated above, equivalent medicines are available in CGHS Wellness Centres which can be prescribed by the Doctors for the very same purpose, and therefore, this Court is not inclined to grant reliefs as sought for by the Petitioner in the instant writ petition.

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With these observations, the writ petition is disposed of, along with pending application(s), if any.

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SUBRAMONIUM PRASAD, J

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MARCH 15, 2024 S. Zakir

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Page 5 of 5

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W.P.(C) 1425/2023

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M/S Bryogen Pharmaceuticals Pvt. L.Td., v. Union of India & Anr.

Case brief

What is this about?

What did the court decide?

M/S Bryogen Pharmaceuticals Pvt. L.Td., v. Union of India & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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