MAHENDRA LABS PVT LTD Vs. STATE

JUDGEMENT

(1.) The subject-matter and question of law arising in these cases is one and the same. However, since the factual circumstances and reliefs claimed are distinct and separate, I propose to deal them separately. W. P. No. 5245/1986 Petitioner is a Private Limited Company. It manufactures drugs and claims to have supplied its products to various Government establishments, V.I.S.L. and Central Food Technological Research Institute. Established as Small Scale Industry in 1985, it has obtained licence from the competent Authorities.

(2.) On 29th Jan., 1986, Respondent-2 Director of Health and Family Welfare Services invited Tenders from Manufacturers and their Authorised Agents for the supply of drugs, specialities, chemicals, Tinctures and Surgical items. The last date for submission of Tender was 31-3-1986. Petitioner filed this petition on 21st March 1986. By an interim order dtd. 25th March, 1986, he was permitted to submit his Tender, and Cl. (9) of the Tender conditions was kept in abeyance. Petitioner has filed his Tender; though, in pursuance of the orders of the Court dtd. 17-4-1986 the Tenders are opened, results are not yet declared. Respondents are awaiting the decision of this Court.

(3.) Petitioner s challenge is to Cl. 9 of the Tender Form; the said clause, as also, Cls. 10 and 10A read thus :-