BATRA MEDICOS Vs. UNION OF INDIA

JUDGEMENT

(1.) For the grounds and reasons stated therein, the applications are allowed and the Applicants/ Intervenors are arrayed as parties to the present petition. For expeditious disposal, we permitted the intervenors to file written submissions instead of counter affidavits, and they have been extensively heard.

(2.) The application is disposed of. Let amended memo of parties be filed within a period of one week jfrom today.

(3.) The Petitioners who are pharmacists, submitted bids for empanelment as Authorized Local Chemist ["ALC"] for supplying medicines to wellness centers operating within Delhi under the Central Government Health Scheme ["CGHS"]. However, their bids did not secure success. The Petitioners have raised various concerns about fairness and transparency of the tender process and allege that Respondents No. 1 and 2 deviated from the stipulated tender conditions by awarding contracts to bidders who were below the highest bidder (known as HI), at less than highest offered discount rates. Demonstrating their commitment to equitable competition, the Petitioners express their readiness to match the proposal of HI. They assert that if the guidelines and specifications laid out in the tender documents are diligently adhered to, all eligible bidders, including themselves, would be afforded an opportunity to matchH1discount, in a systematic manner. Based on this premise, the Petitioners assert that there is a plausible chance of contracts under the tender being awarded to them.