EUPHARMA LABORATORIES Vs. UNION OF INDIA

JUDGEMENT

(1.) RULE DB.

(2.) The petitioner's have filed this petition and challenged the notification bearing No. W4/01/D2/S5/H0010/ICB-0003/COAD/C-0028 dated 27.8.93 issued by respondent No. 1, whereby respondent No. 3 has been granted an order for the supply of tablets of folic acid and ferros sulphate large NFI Line item No. 1 and any contract, if any, executed between respondents I and 2 pursuant to that notification, be set aside, because the bid of respondent No. 3 was unresponsive. The respondent No. 3 did not possess the required licence and consequently no valid drug licence was furnished until the last day of submission of the bid tender documents. Therefore, the respondent No. 3 could not even be considered for the award of this tender.

(3.) The action of respondent No. 1 in awarding contract to respondent No. 3 is against the terms of the tender document and contrary to law and consequently unreasonable, irrational, unfair, discretionery and arbitrary.