MUMBAI: Bombay high court on Thursday directed Serum Institute of India (SII) to inform if it has a policy to buy back surplus Covishield vaccine vials.
The direction by Justices Revati Mohite-Dere and Madhav Jamdar followed the plea by five hospitals-three from Pune and two from Ahmednagar-which moved HC to direct the state and the Centre to reimburse private Covid vaccination centres (PCVCs) in Maharashtra for the amount spent on unutilised vials.
The petition said PCVCs are "aggrieved because of the state's diagonally opposite policies" that the vaccines cannot be taken back or replaced. The hospitals had purchased Covishield for Rs 630 per dose. Thereafter, the Central government changed its policy and made vaccines free for all citizens. "Resultantly, nobody turned up to pay the petitioners and get themselves vaccinated. This has resulted in huge financial losses," the petition said. It also stated SII had made it a must to buy a minimum of 3,000 doses and supplied the vaccines to them belatedly and "by then a substantial period of validity had already expired".
The hospitals' advocate, Nitin Deshpande, argued, "The state government said the vaccines are a national asset but has not allowed exchange of vials between private and government hospitals." The hospitals have urged quashing the state's February 24 direction. Deshpande said Tamil Nadu has allowed buyback of vials and while Bharat Biotech, Covaxin manufacturer, applied for extension of expiry of vials, SII had not.
Earlier, HC had directed SII to be added as a party to a petition by Vijayalaxmi Hospital, Nala Sopara (East), with 349 vials with expiry dates of April 21 and May 2. SII's advocate Pooja Tidke sought time to take instructions. "Is it possible to buy back the vials?" asked Justice Mohite-Dere. When Tidke said it is for the government to decide on buyback and not the manufacturer, Deshpande said the Centre gave SII Rs 3,000 crore for manufacturing Covishield. "It (SII) is performing a public function," he added.
While the judges posted the next hearing on May 5 to get SII's response, Vijayalaxmi Hospital's advocate Uday Warunjikar said after May 2, its 300 vials would "have to be put into the dustbin". Warunjikar questioned if the state's decision was taken by Disaster Management Authority.
The judges remarked there was a shortage of vaccines at one time, but now there is a surplus. They batted for a solution, asking that SII "see what can be done to buy back the vials".
