J.P. INDUSTRIES Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Present petition has been filed under Article 226 of the Constitution of India, 1950, seeking quashing of the Technical Bid rejection order/decision dtd. 21/11/2025 passed by the respondent no.1, thereby disqualifying the petitioner and resulting in non-opening of the financial/price bid of the petitioner. The petitioner further seeks a direction to respondent no.1 to allow the petitioner's financial bid to be opened and to further allow the petitioner to participate in the tender process and, if bid of the petitioner's bid is the lowest, the petitioner may be awarded the work.

(2.) The petitioner is a proprietorship firm holding a valid Registration Certificate issued by the Government of India, engaged in the business of manufacturing and supplying the standard quality drugs/ medical equipment throughout India to various Semi-Government/Centre and State government hospitals, institutions and drugs procurement agencies. The Uttar Pradesh Medical Supplies Corporation Limited (hereinafter referred to as "UPMSCL"). passed an office order dtd. 6/10/2023, blacklisting the petitioner qua the drug namely, "Vitamin A Palmitate Arachis Oil based liquid" for a period of three years.

(3.) The respondent no.1/the tendering authority floated an E-tender dtd. 12/6/2025 for procurement of 399 Drugs for usage in hospitals/dispensaries under the control of respondent no.2. The petitioner participated in the said tender and submitted its Technical Bid. However, vide impugned order dtd. 21/11/2025; the respondent no.1 rejected the Technical Bid of the petitioner stating that "Others - Blacklisted". The Officer Order dtd. 6/10/2023 by the UPMSCL is extracted hereunder:-