Anju Mishra v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17485 of 2019 ====================================================== Anju Mishra D/o Shashi Nath Mishra, Advocate, Patna High Court, Resident of Mahaveer Colony, Beur, Anisabad, Patna ... ... Petitioner/s

Versus

1.

The Union of India through the Secretary Dept. of Health and Family Welfare, Govt. of India, New Delhi 2.

The Secretary, Dept. of Health and Family Welfare, Govt. of India, New Delhi 3.

The State of Bihar 4.

The Principal Secretary, Dept. of Health, Govt. of Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Anju Mishra (In Person) For the Respondent/s :

Mr.S.D.Yadav (AAG 9) Mrs. Shama Sinha, AC to AAG IX For U.O.I.

Mrs. Nivedita Nirvikar, Advocate Mr. Satyavrat Verma, Amicus Curiae ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 25-02-2021 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- "a. For directing the respondents to immediately arrange for the drug bearing the nomenclature Praziquantel (brand name being Biltricide) recommended by the doctors for the treatment of one Nitish Raj, a 21 year old patient suffering from Schistosomiasis.

b. For directing the respondents to make the drug available in every health centre,

Patna High Court CWJC No.17485 of 2019 dt.25-02-2021 2/3 particularly those falling in rural areas.

c. For directing the respondents to take immediate preventive steps by generating awareness among the people at large and the school going children, regarding the threat posed by swimming in contaminated water and importance of sanitation.

d. For directing the respondents to take immediate steps to go for control measures based on early diagnosis and large scale treatment of at-risk population groups by administration of Praziquantel.

e. For directing the respondents to take immediate measure for controlling snails, which are the carrier of the disease.

f. For any other relief/s which is deemed fit and proper in the facts and circumstances of the case."

Through the instant petition, petitioner, a practicing advocate of this Court, invites attention of non availability of a drug for checking a chronic disease, commonly known as 'Schistosomiasis'. Absence of drug termed as 'Praziquantel' has resulted into the death of a young resident of the State, as is reported in the daily newspaper Gaya Bhaskar published on 29th July, 2019. This is the basis of filing of the present petition. In response filed by the Drug Inspector, Patna, it stands clarified that the drug 'Praziquantel' is manufactured by several Companies under different brand names and is easily available in the market.

Patna High Court CWJC No.17485 of 2019 dt.25-02-2021 3/3 In view of the aforesaid stand, we deem it appropriate to close the present proceedings, fully appreciating the assistance rendered by the learned Advocates, especially the learned Amicus Shri Satyavrat Verma, Advocate. No other point stands raised by the learned counsel for the petitioner.

The writ petition stands dismissed.

Interlocutory application, if any, shall stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/- AFR/NAFR CAV DATE Uploading Date 26.03.2021 Transmission Date