Make SII party to hospital plea on surplus near-expiry vials: Bombay HC

MUMBAI: The Bombay high court on Friday directed that Serum Institute of India (

SII

) be joined as a party to the petition by a Nalasopara-based private hospital, which has surplus near-expiry Covishield vaccine vials, to know if it has a buyback policy.

“We must find some type of solution,” said Justices Revati Mohite-Dere and Madhav Jamdar, after they were told that the state had rejected Vijayalaxmi Maternity Surgical and General Hospital’s representation to buy back 300 vials that expire on May 2. The hospital’s advocates,

Uday Warunjikar

and

Sumit Kate

, said the state has asked it to contact the Vasai-Virar Municipal Corporation that wants the vials “free of charge”.

State’s advocate Ravi Kadam said, “They purchased from Serum Institute of India. The government has not directed.” Also, SII had asked “to purchase 3,000 doses and they purchased unnecessarily double [quantity]”, he added. The judges then enquired if SII has a buyback policy for surplus vials.

Warunjikar

said the state is not permitting buyback by the manufacturer. “Outside Maharashtra, buybacks are happening. This is happening in the world. Government says ‘exchange with us’,” he added.

The judges said SII will have to be joined as a respondent. “Let us see if they are ready to take it back,” said Justice Mohite-Dere. The judges asked if the state has something to show vials cannot be returned to SII. Kadam replied, “Government has nothing to do with that transaction.” The judges batted for a solution. Justice Mohite-Dere said “some policy will have to be framed”.

Pointing out that the problem will be faced by many private vaccination centres, Warunjikar urged that the HC take “judicial notice” that government hospitals were not able to cater to vaccination needs of the entire state. He said last year, the central and state governments had approached private hospitals for vaccination. “You came to us. When this issue [of surplus vials] has come up, what are we supposed to do?” asked Warunjikar. The judges allowed the hospital to challenge the state’s rejection of its representation.