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Patna High Court

Ashok Kumar AnalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is dismissed as there is no violation of the applicable rules and it is deemed a personal interest litigation.

Summary

The petitioner, Ashok Kumar Anal, filed a public interest writ seeking multiple directions for the State of Bihar and the Union of India to enforce the Medical Devices Rules, 2017 and related drug regulations, including regular inspection of medical devices, registration of sellers, appointment of a licensing authority, and the quashing of a notification appointing the State Drug Controller as the licensing authority. The respondents filed a counter‑affidavit alleging that the petition was driven by a personal agenda against the State Drug Controller. The Court examined whether there was any violation of the Medical Devices Rules, 2017 or the Drugs Rules, 1945, and whether the petition constituted genuine public interest litigation. Finding no breach of the statutory provisions and concluding that the petition was essentially a personal interest suit, the Court declined to grant any relief. Consequently, the application was disposed of without any order.

Issues considered

  • Whether the State of Bihar and the Union of India have violated the Medical Devices Rules, 2017 or the Drugs Rules, 1945 by failing to appoint a licensing authority and conduct inspections.
  • Whether the petition to quash Notification No. 919(15) dated 25‑10‑2024, issued under Rule 51(i) of the Drugs Rules, 1945, is maintainable.
  • Whether the writ petition constitutes a genuine public interest litigation or a personal interest suit.

Legislation cited

  • Drugs Rules, 1945 — s. Rule 51(i), Rule 59, Rule 64

Subjects

  • Medical devices regulation
  • Public interest litigation
  • Licensing authority
  • Drug Rules 1945
  • Inspection of medical devices
  • Quashing notification
  • Personal interest litigation

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.14945 of 2025
     ======================================================
     Ashok Kumar Anal Son of Laxmi Prasad, Resident of Mohalla Khalasi Tola
     near Petrol Pump Sampatchak, PO Gulzarbag, PS Alamganj, District Patna.

                                                              ... ... Petitioner/s
                                      Versus
1.   The State of Bihar through Additional Chief Secretary, Health Department,
     Govt. of Bihar, Patna.
2.   The Union of India through Drug Controller, General of India, FDA
     Bhawan, Kotla Road, New Delhi 110002.
3.   The State Drugs Controller, Sixth Floor, Swasth Bhawan, Sheikhpura, Patna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Harshwardhan Sahay, Advocate
     For the State          :      Mr. P.K. Shahi, Advocate General
     For C.G.C.             :      Mr. Hariram Singh, Advocate
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
     ORAL JUDGMENT
     (Per: HONOURABLE THE CHIEF JUSTICE)

     Date : 09-02-2026

                     This writ petition in the nature of Public Interest

      Litigation has been filed for following relief(s):

                                   “(i) Respondents may be directed to make
                                   regular inspection of medical devices which
                                   are being sold by medical shops/Nursing
                                   Homes/Hospitals/Pathological Laboratories.
                                   (ii) Respondents may be directed to make
                                   registration of Medical Shops/ Nursing
                                   Homes/Pathological Laboratories which are
                                   selling   medical    devices     without   any
                                   registration.
                                   (iii) Respondents may be directed to notify
                                   laboratories    which      can      test   the
Patna High Court CWJC No.14945 of 2025 dt.09-02-2026
                                           2/3




                                         malfunctioning/Duplicate Medical Devices.
                                         (iv) Respondents may be directed to appoint
                                         Licensing Authority under Rule 87 (A) of
                                         Medical Device Rule 2017 which came in
                                         force on 30.9.2022 and has never been
                                         appointed by State of Bihar.
                                         (v) Respondents may be directed to make
                                         Online Drug Licensing System (ONDLS) in
                                         accordance with Rule 59 and Rule 64 of
                                         Drug Rule 1945 and Bihar Drugs Control
                                         Cadre Rule 2014.
                                         (vi) Respondents may be directed to make
                                         ONDLS user friendly so that the ordinary
                                         applicants for License of Drugs can apply
                                         and get License quickly.
                                         (vii) To quash notification as contained in
                                         Memo      No.919      (15)    dated   25.10.2024
                                         whereby State Drugs Controller has been
                                         Licensing Authority under Rule 51 (i) of
                                         Drugs Rule 1945.”


                     2. The counter affidavit has been filed by respondent

         nos. 1 and 3, in which it is stated as follows:

                                         “(6).That it is further manifest that under the
                                         garb of the demand for implementation of
                                         Medical Devices Rules, 2017, petitioner
                                         appears to have also a hidden agenda against
                                         the In-charge State Drug Controller, Bihar,
                                         Patna, as he has also sought for quashing the
                                         Health Department's NotificationNo.919(15)
                                         dated 25.10.2024(vide Annex-P/5) whereby
                                         and whereunder Nityanand Kishloya, Deputy
                                         Drug          Controller,      Drug         Control
                                         Administration(HQ),          Patna    has     been
             Patna High Court CWJC No.14945 of 2025 dt.09-02-2026
                                                           3/3




                                                      authorized under working arrangement to act
                                                      as working State Drug Controller-cum-Chief
                                                      Licensing Authority, Bihar, Patna and D.D.O.
                                                      of     the    Directorate   of   Drug   Control
                                                      Administration, Bihar, Patna.”


                                  3. In view of such averments taken, we do not find

                      that there is any violation of any of the provision of the rules

                      and it appears to be personal interest litigation and accordingly,

                      we are not inclined to pass any order.

                                  4. The application stands disposed of.




                                                      (Sangam Kumar Sahoo, CJ)


                                                             (Alok Kumar Sinha, J)
guddukr/-
AFR/NAFR
CAV DATE
Uploading Date          10.02.2026
Transmission Date


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