OSWAL MEDICAL STORES Vs. UNION OF INDIA

JUDGEMENT

(1.) A tender submitted by the petitioner in response to a notice issued by the Joint Director, Central Government Health Scheme, Meerut for supply of medicines to the beneficiaries of the said scheme has been rejected on the ground that the petitioner did not have the requisite license for the sale of the allopathic drugs under the Drugs and Cosmetics Act, 1940. Aggrieved by the said rejection, the petitioner has filed the present writ petition inter alia for a writ of certiorari quashing the order of rejection and for a mandamus directing the respondents to appoint him as a local chemist for the supply of medicines to Central Government Health Scheme beneficiaries.

(2.) In terms of a tender notice dated 5th September, 2006, the Central Government Health Scheme, Surajkund Road, Meerut invited bids for day to day supply of drugs and medicines to the CGHS Dispensaries situated in Meerut and other dispensaries that may be opened from time to time. The successful bidder was to be appointed as an authorized chemist for a period of 2 years from the date of appointment unless short-closed by the Joint Director, CGHS, Meerut.

(3.) The petitioner submitted a tender which was, in the opinion of the Purchase Committee appointed for the purpose, non-compliant with the terms and conditions of the notice aforementioned inasmuch as the petitioner did not have a duly renewed license in Form 21(C) for sale and distribution of medicines as per the Drugs and Cosmetics Act, 1940 ' a requirement that was mandatory. This resulted in the rejection of the tender submitted by him, aggrieved whereof, the petitioner has filed the present writ petition as already noticed earlier.