FAMY CARE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) THE challenge in the present writ petition is to the action on the part of the Union of India, Ministry of Health and Family Welfare, Respondent No.1 herein, in awarding and/or placing the rate contract of the entire quantity of Oral Contraceptive Pills (OCPs) on Indian Drugs and Pharmaceuticals Limited (IDPL), Respondent No.2 herein, without following the tender process initiated by Respondent No.1 on the 18th September, 2008.

(2.) THE Petitioners are engaged in the business of manufacturing and supply of family planning products including OCPs and have been supplying these products to the Respondent No.1 for the last many years.

(3.) THE procurement of OCPs by Respondent No. 1 is through open tender, where all companies who fulfill the eligibility criteria are permitted to participate. The Respondent No.1 had invited tenders for supply of OCPs on 14th March, 2005 and a rate contract was awarded to various parties including the Petitioners herein on the 18th October, 2005 for supply of OCPs which was initially for a period of two years and was subsequently extended for another year till 17th October, 2008.