PARENTERAL DRUGS INDIA LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Parenteral Drugs (India) Ltd. is the writ petitioner in two writ petitions, which are, CWP Nos. 1435 and 4465 of 2002. Questions raised in both the writ petitions are identical. The third writ petition, i.e. CWP No. 3284 of 2002 is filed by M/s. Claris Lifesciences Limited. It also involves same question of law which is the subject matter of other two writ petitions. Necessarily all these writ petitions were heard together which we propose to dispose of by one common judgment.

(2.) For the sake of convenience, we may first take note of facts as emerge from CWP No. 1435 of 2002. On 14th June, 2001, the Ministry of Health and Family Welfare, Government of India through Hindustan Latex (India) Ltd. issued a notice inviting International Competitive Bidding Re-Invitation for Bids (IFB) on Price Contract basis. This notice was published in leading newspapers of the country on 22nd June, 2001. The petitioner company also submitted its bid on 9th August, 2001 which was the last date for submission of the bids. Bids were opened on the same day at about 2.30 p.m. It was found that altogether 7 companies had submitted their tender documents. Rates offered by the petitioner company were found to be the lowest.

(3.) Certain queries were raised by the respondent No. 3 from the petitioner vide letter dated 20th September, 2001 relating to two contracts entered into by petitioner with Punjab Systems Corporation, Chandigarh and the Director General of Medical and Family Welfare, U.P. The petitioner responded vide letter dated 21st September, 2001 giving details of the two contracts submitting that under the terms of eligibility as stated in the tender conditions the petitioner would not become ineligible. It may be mentioned at this stage that in the aforesaid two contracts, the concerned authorities have blacklisted the petitioner and the cases are pending in the High Court of Punjab and Haryana as well as the Allahabad High Court respectively. We shall advert to details of these cases at appropriate stage.