PURE PHARMA PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) RULE DB.

(2.) The petitioners have filed this petition against the action of respondent No. 1 in selecting respondent No. 2 for the award of contract for supply of Folic Acid and Ferrous Sulphate Tablets (Large) for Lines 2 even though their bid was totally unresponsive as respondent No. 2 did not possess any valid drug licence and consequently was not furnished with their bid documents. The action of respondent No. 1 is contrary to law and the terms of the tender and is unreasonable, irrational, unfair, discriminatory and arbitrary. The petitioner has further prayed that respondent No. 1 be directed to accept the bid of the petitioner under the said invitation of bid No. W4/01/D2/S5/H0010/IC-0002 in respect of Child Survival and Safe Motherhood Project".

(3.) The Directorate General Supplier and Disposal, an authority in the Department of Supplies, Ministry of Commerce, Govt. of India, issued prior to March, 1993 an International invitation for bid inviting quotations, inter alia, for the supply of Folic Acid and Ferrous Sulphate Tablets (Large) containing ferrous sulphate with 100 mg elemental iron and 0.5mgoffolic acid IP in terms of Section IV of Part II of the bid documents for the "Child Survival and Safe Motherhood Project." All the bidders had to submit their bid tender documents on or before 1.30PMon 7.4.1993. According to the petitioner, the most important bid document was valid drug licence(s) of the manufacturers) duly high-lighting the goods quoted in the drug licence along with the bid. Bids not accompanied with valid drug licence will be treated unresponsive. The petitioner submitted that their challenge in this petition is restricted to the notification of award of the tender dated 27.8.1993 in respect of Folic Acid and Ferrous Sulphate Tablets (Large) for Linss-2 NFI for Calcutta and Gawahati consignees to respondent No. 2. The petitioner further submitted that.the detailed specifications and constituents for the set tablets folic acid and ferrous sulphate (large) as outlined in Section IV of Part II of the bid documents for the said project to be supplied is stated as under.