MEDICAL POINT I LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner alleges respondent nos.2 & 3, All India Institute of Medical Sciences (AIIMS) and its Director, for adoption of Decision Oriented Systematic Analysis (DOSA) so as to make the tender conditions in respect of purchase of Gas Plasma Sterilizers tailor-made for respondent no.4.

(2.) A notice inviting tender was published by respondent no.2/AIIMS through its Director/respondent no.3, in the Times of India on 13.10.2010 for purchase of Gas Plasma Sterilizers vide TenderReference No.XX/131/Ortho/2010-2011/FSC-I. The petitioner claims to have submitted its tender along with the relevant documents on 21.10.2010, well before the last date of submission of tender dated 15.11.2010. The tenders were opened as scheduled on 16.11.2010 and the petitioner was called upon by respondent no.2 vide its letter dated 01.02.2011 for a demonstration meeting on 09.02.2011. The petitioner claims that though it was present in the demonstration meeting as scheduled with all original catalogues of Gas Plasma Sterilizer, it was not able to make available the Gas Plasma Sterilizer as the same had been put up for demonstration in another hospital in Ahmedabad and this fact is stated to have been verbally informed to respondent no.2. The petitioner addressed a communication dated 09.02.2011, which was received by respondent no.2 on 10.02.2011, informing that on one occasion its Gas Plasma Sterilizer was kept under trial in the main OT of AIIMS from 17.05.2010 to 22.05.2010 against thetender enquiry no.1- 13/H/M&E/200-10. The petitioner stated that during that trial, the Gas Plasma Sterilizer had been used for sterilization of all types of OT instruments including surgical instruments, endoscopes,lumen items, catheters, ET tubes etc. and was found to be as per the requirement.

(3.) TO buttress its arguments in this regard, learned senior counsel for the petitioner has cited the case of Gharda ChemicalsLimited v. Central Warehousing Corporation; 118 (2005) DLT 159 (DB) wherein, while observing that the eligibility criteria should have a nexus with the object which is sought to be achieved, it was stated as under: