M.SRINIVASAN,C.J. - (1.) The petitioner prays for issue of a Mandamus directing respondents No. 2 and 3, namely, the Director Health Services and Administrator, Indus Hospital, Shimla to withdraw their respective orders both dated 24 -4 -1996 stopping the use of 5% Dextrose Injection I. P. Bottles, Batch Nos E -01 -1224Tand E -01 -2004 of the petitioner Company and for other reliefs. The matter arose because of the complaint made to the State Human Rights Commission on the basis of which the said Commission passed an order on 24 4 -1996 requesting the Secretary (Health) of the State to take immediate action to see that all the stocks of that medicine in the State are seized and no more purchase of the same is done for use in any of the Hospitals in the State.
(2.) The complaint before the Human Rights Commission was that the Quality Control Committee of the Indus Hospital, Shimla, noticed that five bottles of the medicine 5% Dextrose Injection supplied by the petitioner herein contained fungus. On receipt of such complaint, the Commission took into consideration the danger to public health and human life and issued the directions as aforesaid, to the Secretary (Health). It is not necessary to refer to the remaining part of the said order of the State Human Rights Commission. On the basis of the said order of the Commission, the Director Health Services, Himachal Pradesh, passed the following order : "Reported fungus in 5% Dextrose Injection I P. Bottles manufactured by M/s. Core Parentals Ltd. Gujarat under Batch No E -01 -1224 and E -01 -2004 manufactured in May 1994 and December 1994 respectively. Stop use of these batches of Drugs forthwith. Direct the Medical Superintendents and other Medical Officers of the Medical Institutions in District accordingly. Also direct Drugs Inspectors of your Districts to get the samples of these batches drawn and get them analyzed on priority basis and result communicated to this office immediately. Intimate stock position of this injection in the Stores, within fortnight."
(3.) It may be noted here that the order of the State Government was confined to two batches, namely, Batch Nos. E -01 -1224 and E -01 -2004. The order also directed the Drugs Inspectors to get the samples of those batches drawn and get them analyzed on priority basis and to communicate the result of the analysis to the office of the Director, Health Services. The order as such does not deal with any other medicine supplied by the petitioner company or any other batch of the same medicine to be supplied by the petitioner company.;