Petitioner challenged delay in supply of anti-TB drugs. Respondents submitted affidavits detailing stock positions showing sufficient levels for TB units. Court found stock adequate and disposed petition as satisfied.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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SOCIAL JURIST, A CIVIL RIGHTS GROUP
..... Petitioner
Through: Mr. Ashok Agarwal, Mr. Kumar Utkarsh, Mr. Manoj Kumar and Ms. Ashna Khan, Advocates
versus
RAJAN BABU INSTITUTE OF PULMONARY MEDICINE AND TUBERCULOSIS AND OTHERS ..... Respondents
Through: Ms. Shivangi Kumar Advocate for R- 1 and R-2 (MCD) Mr. Vaibhav Gaggar, Senior Panel Counsel with Mr. Vedansh Anand, Govt. Pleader Mrs. Avnish Ahlawat, Standing Counsel, GNCTD (services) with Ms. Tania Ahlawat Mr. N.K Singh, Ms. Laavanya Kaushik, Ms. Aliza Alam and Mr. Mohnish Sehrawat, Advocates GNCTD.
CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
%
O R D E R 21.05.2024
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 24/05/2024 at 11:50:27
A. Additional affidavit dated 20th May, 2024 on behalf of UOI
“7. As on 20.05.2024, the data with respect to the stock of the 4 FDC (A) and 3 FDC (A) drugs available in Delhi stores, is reproduced hereinbelow.
| Unit of Measur |
Release Order |
Stock receive |
Availab | le Stock in | UT of De | lhi as on 20. | 05.2024. | ||
|---|---|---|---|---|---|---|---|---|---|
| Drug Name |
ement | in Quantit y |
d till date by UT |
State Drug Store |
District Drug Stores |
TB Units |
total available Stock at all stores |
Avg Daily consu mption |
Stock sufficie ncy (in days) |
| 4FD C(A) |
28 Tabs in a strip |
80,280 | 60,120 | 2,867 | 11,985 | 12,502 | 27,354 | 1,262 | 22 |
| 3FD C(A) |
28 Tabs in a strip |
87,840 | 35,040 | 4,550 | 5,863 | 2,879 | 13,291 | 1,902 | 9 |
| 2FD C(A) |
28 Tabs in a strip |
8,640 | 8,640 | 120 | 1,569 | 1,753 | 3,442 |
That as on 20.05.2024, stock sufficiency of the available stock at Delhi is for 22 days for 4FDC (A) and for 3FDC(A) for 9 days.”
B. The affidavit of Mission Director Delhi State Health Mission, GNCTD
“11.That the current status of the stock available in Delhi both at State and District Level is as follows:-
Supply of 4 FDC (A) resumed from the CTD in small tranches. Estimated Monthly Consumption: 42000 strips
1. CMSS/2024/Apr/13 dated 11/04/2024 - 15000 strips - (Physically received on 16-04-2024) - Distributed from 18th April 2024
2. CMSS/2024/Apr/28 dated 26/04/2024 - 10080 strips - (Physically received on 08-05-2024) - Distributed from 10th May 2024.
3. GMSD/KAR/2024/MAY/01 dated 03/05/2024 - 10080 strips of 4FDC (A) (Physically received on 07-05-2024) - Distributed from 7th May 2024.
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 24/05/2024 at 11:50:27
4. GMSD/KAR/2024/MAY/03 dated 07/05/2024-24960 strips of 4FDC (A) (Physically received on 10-05- 2024) - Distributed from 10th May 2024.
5. Issue No. GMSD/KAR/2024/MAY/06 dated 13-05-2024 - 20160 strips of 4 FDC(A)- Not yet received
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 24/05/2024 at 11:50:27
Rs 2,50,000 done under the relevant Budget Head i.e., NDCP.4 S No. 73 DSTB (Drugs and Supplies for DSTB) of NTEP on 26.04.2024. Copy of Mail dated 26.04.2024 is annexed herewith and marked as Annexure A-7.
1. GMSD/MUM/2024/MAY/01 dated 01/05/2024-4800 strips of 3 FDC (A) - (Physically received on 09-05-2024) - Distributed from 9th May 2024.
2. GMSD/MUM/2024/ MAY/02 dated 03/05/2024 - 10080 strips of 3 FDC (A) (Physically received on 13-05-2024) - Distributed from 14th May 2024.
3. GMSD/MUM/2024/ MAY/06 dated 10/05/2024 - 10080 strips of 3 FDC (A) (Physically received on 14-05-2024) - Distributed from 14th May 2024.
4. CMSS/2024/MAY/06 dated 11/05/2024 10080 strips of 3 FDC (A)(Physically received on 13-05-2024 However, lab test report received on 17-05-2024) - Distribution list shared on 20th May 2024.
5. GMSD/MUM/2024/MAY/12 dated 17/05/2024-21600 strips of 3 FDC (A) - (Not yet received)
6. CMSS/2024/May/14 dated 17/05/2024-31200 strips of 3 FDC (A) - (Received on 20-05-2024) - Distribution list shared on 20th May 2024.
Further supply of 2 FDC (A) from CTD.
GMSD/MUM/2024/APR/08 dated 25/04/2024-8640 strips (each containing 28 tabs) of 2FDC (A) - Physically received on 04-05-2024 - Distributed from 7th May 2024.
The stock position of RBIPMT & Kingsway Chest Centre as on date 14/05/2024:
1. 40800 tabs of 3 FDC (A) (Trac-3 Manufacturer: MacLeod company) was locally procured by RBIPMT on 26/04/2024 for an amount of Rs. 2.5 lacs.
2. 3 FDC (A) were issued to various wards of the hospital on weekly
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 24/05/2024 at 11:50:27
basis the stock balance of 3 FDC (A) (Tab Trac 3) as on date was 37,266 tablets (approx. 1330 strips of 28 tabs) which is sufficient for a month.
3. TB patients of Kingsway Chest Centre were issued 3 FDC issued by State Drug Store in Limited quantity and rest were issued as Reconstituted version of 3 FDC re- constituted from the loose medicines (Cap Rifampicin, Tab Isoniazid, Tab Ethambutol) supplied by SDS NTEP-Delhi state time to time. The chest clinic had a 3 FDC/Reconstituted version of 3 FDC stock balance for about a week from the loose medicines (Cap Rifampicin, Tab Isoniazid, Tab Ethambutol) supplied by SDS NTEP-Delhi state time to time. The chest clinic had a 3 FDC/Re- constituted version of 3 FDC stock balance for about a week.
From the loose medicines (Cap Rifamicin, Tab Isoniazid, Tab Ethambutol) supplied by SDS NTEP – Delhi state time to time. The chest clinic had a 3 FDC/Re-constituted version of 3 FDC stock balance for about a week.
State Sockason 17.05.2024
| Item Name | UOM | State | SDS Stock |
DDS Sto ck |
TUS Stock |
|---|---|---|---|---|---|
| 2FDCCP(A)(R150, H75) [DSTB- 2FDC(A)] |
Stripof2 8 Tab |
3632 | 120 | 2089 | 1423 |
| *2FDCCP(A)(R150, H75)- L [DSTB- 2FDC(A)-L] |
Tab | 2750 | 0 | 0 | 2750 |
| 3FDCCP(A)(H75,R150& E275) [DSTB-CP(A)] |
Stripof2 8 Tab |
11285 | 4550 | 5231 | 1504 |
| *3FDCCP(A)(H75,R150&E 275)-L [DSTB-CP(A)-L] |
Tab | 2000 | 0 | 2000 | 0 |
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 24/05/2024 at 11:50:27
| 4FDC(A)(H75,R150,Z400 | Stripof2 | 25190 | 2867 | 13537 | 8786 |
|---|---|---|---|---|---|
| &E275) [DSTB-IPA] | 8 Tab |
12. That an inspection was also done by the Undersigned at Rajan Babu Institute for Pulmonary Medicine and Tuberculosis RBIPMT and Kingsway Chest Centre, Kingsway Camp on 14.05.2024. The following observations were made:
i. 40800 tabs of 3 FDC (A) (Trac-3 Manufacturer: MacLeod company) was locally procured by RBIPMT on 26/04/2024 for an amount of Rs. 2.5 lacs.
ii. 3 FDC (A) were issued to various wards of the hospital on weekly basis the stock balance of 3 FDC (A) (Tab Trac 3) as on date was 37,266 tablets (approx. 1330 strips of 28 tabs) which is sufficient for a month.
iii. TB patients of Kingsway Chest Centre were issued 1010 Strips (28,280 Tab) of 3 FDC (A) by State Drug Store in May 2024 and rest were Re-constituted version of 3 re-constituted by the Kingsway Chest Clinic from the loose medicines (Cap Rifampicin, Tab Isoniazid, Tab Ethambutol) supplied by SDS NTEP-Delhi State time to time. The chest clinic had a 3 FDC/Re-constituted version of 3 FDC stock balance for about two weeks.
Copy of the inspection report of the visit dated 14.05.2024 is annexed herewith and marked as Annexure A-8. ”
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 24/05/2024 at 11:50:27
line are referred to Hindu Rao Hospital for a scan free of cost. She also states that for other patients, if recommended, the scanning is done at the rate of Rs. 1500/- which is normally borne by an NGO.
ACTING CHIEF JUSTICE
MANMEET PRITAM SINGH ARORA, J
MAY 21, 2024/ hp
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 24/05/2024 at 11:50:27
2 issues framed by the court
Whether the delay in supply of anti-TB fixed dose combination drugs justified the continuation of the writ petition.
Whether the current stock levels and pipeline supplies satisfied the petitioner's contentions regarding drug shortage.
SOCIAL JURIST, A CIVIL RIGHTS GROUP
RAJAN BABU INSTITUTE OF PULMONARY MEDICINE AND TUBERCULOSIS
DELHI STATE HEALTH MISSION, GNCTD
MANMEET PRITAM SINGH ARORA
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
