The division bench of Chief Justice M B Shah and Justice Y S Jahagirdar also ordered the Health Ministry to intimate within a week's time, the Central Research Institute at Kasauli to test Haffkine's vaccines. The court today also criticised the Health Ministry which was `bent upon raising unsustainable objections to the vaccines of the Haffkine Institute'.

Earlier, Haffkine Institute had moved the high court after the ministry refused to lift their vaccines and instead ordered the polio dosages from private firms like Radicura. The court then ordered the ministry to purchase the Haffkine's vaccines for the year 1997-98. And for the next year, the court directed the ministry to consider Haffkine along with three other private firms, depending on the installed capacity of each.

While the ministry agreed tothe terms, it filed an affidavit today reiterating the same reasons for not lifting Haffkine's vaccines. The court, however, asked them to follow the August 19 order of purchase of the vaccines. Counsel for the ministry M I Sethna said there was no assurance from the Maharashtra government about purchase of their share of the vaccines. To this the Chief Justice said the government pleader has already assured that the state government will place an order for 300 lakh dosages.