Law:

Section:

Constitution of Pakistan---Art. 199---Constitutional petition---Certification of Bio Equivalence/ Bio Availability (B.E.B.A.)---Petitioner was a pharmaceutical company and its grievance was that no laboratory was willing to conduct test on anti T.B. drugs prepared by it---Validity---Federal Government had recognized four domestic institutions to conduct necessary tests for a drug which was essential for preventing a dangerous disease and must be readily available across the country at all level at affordable prices---High Court noted it with concern that beyond minutes of committee, there was no formal document recognizing said four institutions or otherwise empowering them to conduct tests and observed that in order to make decision of Federal Government effective and beneficial, it was essential that a formal instrument notifying the four institutions recognizing them as the approved institutions for conducting B.E./B.A. tests be issued---Such step was necessary so that domestic capability in drug manufacturing, which necessarily would reduce pricing of drugs available for public use, be empowered and supported so that necessary medication was available across the country to all levels of society---High Court directed the authorities to issue necessary notification before the end of current financial year---Petition was disposed of accordingly. ORDER UMAR ATA BANDIAL, J.---This petition is filed in public interest. Learned counsel for the petitioner has, referred to a tender for anti T.B. medication floated by respondent No.1 at page 23 of the petition which requires a certificate of Bio Equivalence/Bio Availability ("BE/PA") in respect of drugs offered by a bidder to be issued by a laboratory approved by the World Health Organization ("WHO"). Adds that the petitioner has written to nine approved WHO laboratories for conducting necessary tests on the anti T.B. drugs prepared by the petitioner in order to qualify for the competition in the tenders issued by the respondents. No laboratory is willing to conduct the test. He contends that provincial government has imposed an onerous condition that operates to promote the interest of powerful lobbies in the world…

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