While this investigation enquiry was going on, respondent No.7 submitted its tender for the year 2003 04 as well.
have been filed by the parties.
This rate was accepted by the State Government in its order of 30th March 2002.
The Joint Director, Central Drugs Laboratory in his letter dated 3rd February 2003 also reported that the vaccine had failed in all four parameters fixed for its evaluation.
A companymittee was thereafter appointed by the Govt.
of Kerala to examine the reasons as to why the samples taken had been found to have failed and on enquiry it transpired that the vaccine had number been stored in a proper way.
A reply was filed by the State Government of Kerala as well as by the 7th respondent.
The Drug Controller also sent a sample of the vaccine for analysis to the Central Research Institute, Kasauli for examination.
The present petition was filed on 6th April 2004 in public interest seeking a direction to the State Government that the 7th respondent should number be allowed to submit a tender for the vaccine.
On 11th October 2002, Dr. Binu Upendran, Assistant Surgeon, District Hospital, Kollan reported that four patients had developed severe reactions after taking a second dose of the vaccine from Batch No.
The District Medical Officer, Kannur vide his letter dated 25th March 2003 also informed the Director, Health Services that the vaccine supplied in Batch No.90/2001 had been declared as sub standard by the Central Drugs Laboratory.
CIVIL APPEAL NO 1512 2008 arising out of S.L.P. C No.
In the meanwhile, the Director, Health Services also invited tenders for the supply of the said vaccine by short tender Notice dated 20th March 2004.
It appears that one Ramachandran who had allegedly been administered the vaccine on 17th November 2002 died on 9th December 2002.
The 7th respondent, the Human Biological Institute amongst others submitted the tenders and quoted its price of Rs.148/ per vial.
The Central Purchase Committee of the State Government of Kerala floated tenders for the supply of anti rabies vaccine for various Government Hospitals in the State for the year 2002 03.
22587/2004 HARJIT SINGH BEDI,J. Special leave granted.
