MEGHMANI ORGANICS LTD Vs. GOVERNMENT OF GUJARAT

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution, the petitioner Company has prayed for a declaration to the effect that the action of respondent No.1-Government of Gujarat, Central Medical Stores Organization ("CMSO" for short) of considering the bid of respondent No.2 for purchase of insecticides is illegal and to issue a writ commanding respondent No.1 to forebear from considering or processing the bid of respondent No.2 for supply of Alphacypermethrin 5% WP under Tender Enquiry No.CMSO/D-360/QTY.Cont./2004-05. Thus, the petitioner, which is one of the bidders for supplying the said insecticide, has called into question the consideration of the technical bid of respondent No.2 mainly on the grounds that respondent No.2 was not fulfilling the mandatory conditions of submitting authenticated documents for proof of supply as required under the tender and has not manufactured or marketed the required quantity of the product. It is averred and asserted that respondent No.1 could not deviate from the tender conditions since the requirement of manufacturing and marketing certain quantity of the goods was mandatory and without fulfilling the same, consideration of their tender would be arbitrary and illegal.

(2.) At the request of the learned counsel, the petition was taken up for final hearing at the admission stage.

(3.) The relevant facts of the matter are that the CMSO published Tender Notice No.D-07/2004-05 inviting tender for purchase of three items on quantity contract basis wherein item No.360.02 was "Alphacypermethrin 5% WP with I.S.I. mark or confirming to BIS standard/WHO Specification and registered with Central Insecticides Board." The Special Notes of the Tender Enquiry, inter alia, prescribed the following conditions:- "4. The bidder must have manufactured and supplied satisfactorily at least 50 per cent of the quantity as per requirement under the present tender of the goods as specified in the schedule of requirement in any of the previous three years in Gujarat State or elsewhere for Malaria Control Programme/activities in India or abroad. Authenticated document for proof of supply must be submitted. 5. The bidder or the manufacturer whose product is offered by the bidder must be in the insecticide business including agriculture/crop protection application for at least three years and must have manufactured and supplied satisfactorily the goods as specified in the Schedule of Requirements to the extend of at least 80% of the quantity indicated under Schedule of Requirements against each schedule in any one of the last few years from the date of bid opening. There shall be no adverse report of the goods offered for supply during previous two years from the date of bid opening. 6. The bidder must give names of customers who have been supplied the product quoted for. PART-I of the GENERAL CONDITIONS contained the following other conditions which are relevant for the present purpose: