Research › Search › Judgment

High Court of Himachal Pradesh · body

2024 DAILYLAW 691 (HP)

COURT ON ITS OWN MOTION v. STATE OF HP AND OTHERS

CWPIL/104/2024 · 2026-06-04

Bipin Chander Negi, Gurmeet Singh Sandhawalia

Public Interest Litigationbody2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWPIL No.104 of 2024 Decided on : 04.06.2026 Court on its own motion ...Petitioner Versus State of HP and Ors. …Respondents. Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice. Hon’ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the petitioner : Ms. Shivani Priya, Advocate, as Amicus Curiae. For the respondent(s) : Mr. Gobind Korla, Addl. Advocate General, for respondents No.1 to 4/State. Mr. Balram Sharma, Deputy Solicitor General of India, for respondent No.5- Union of India. G.S. Sandhawalia, Chief Justice (Oral) The present Public Interest Litigation was entertained on account of a representation received on 13.11.2024. A request was made to issue necessary directions to ensure the availability of Hepatitis B Vaccine for adults in Government Hospitals. The lack of vaccines undermines this initiative. 2. Today, an affidavit of Dr. Narotam Singh, Consultant, National Viral Hepatitis Control Program (NVHCP), Ministry of Health and Family Welfare, Govt. of India, has been filed. From 1Whether the reporters of the local papers may be allowed to see the Judgment? Yes -2- the perusal of the same, it is evident that Hepatitis B Vaccination for adults is not recommended as per the current guidelines of the National Viral Hepatitis Control Program (NVHCP), issued by the Ministry of Health and Family Welfare, Govt. of India. 3. A reference in this respect has been received on 30.03.2026 by way of email. The same reads as under:- “Hepatitis B is a vaccine preventable disease. Hepatitis B Vaccine is being administered to the newborns as per the prescribed regimen under the Universal Immunization Program (UIP). Under NVHCP, Hepatitis B Vaccine is recommended for the healthcare workers in the government healthcare facilities, as well as for high-risk groups including Female sex workers (FSW), Men who have sex with men (MSM). Transgender (TG) persons and Injecting Drug Users (IDUs) screened negative for HBsAg. It is also to mention that around 90-5% of adult acquired Hepatitis B infection clears spontaneously. As per the current national NVHCP guidelines issued by the MOHFW, Hepatitis B Vaccination is not recommended for all adult individuals, as central procurement requires a lead time of 12 months for procurement of vaccine for above mentioned groups.” 4. From the above, it would be clear that certain set of persons have been identified, who would require Hepatitis B Vaccine. 5. Resultantly, we are of the considered opinion that it is for the State to make requisite requisitions as such with the -3- Union of India well in advance, so that there can be enough dosages of Hepatitis B Vaccines available for administering to the persons, who require the same. 6. Accordingly, the present Public Interest Litigation (PIL) is disposed of with liberty to the State to make requisition of the Hepatitis B vaccines, as and when required, across the State for all Districts. Pending miscellaneous application(s), if any, also stands disposed of accordingly. (G.S. Sandhawalia) Chief Justice (Bipin Chander Negi) Judge 04th June, 2026 (Gaurav Rawat)