MYCRON PHARMACEUTICALS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) LEAVE to amend. In this petition under Article 226 of the Constitution, the petitioner, a pharmaceutical firm, has challenged the decision dated 24th july, 2008 of the State Government in the Health and Family Welfare department for debarring the petitioner from having any commercial transactions with the State Government and the Government Hospitals and Dispensaries in the matter of supply of Amoxycillin Capsule I. P. 500 mg (Item No. 1016 ). The petitioner has also challenged the order dated 14th October, 2008 passed by the concerned authority rejecting the petitioner's representation dated 10th October, 2008 which was made pursuant to the liberty granted by this Court on 07th October, 2008.

(2.) THE broad facts leading to filing of this petition are not in dispute. The Central Medical Stores Organisation (hereinafter referred to as the 'cmso') of the State Government issued Tender Inquiry no. CMSO/d-394/rc/2006-07 inviting tenders for various tablets/capsules comprising 131 items. In the said Tender Inquiry, the petitioner participated for 60 items one of which was Capsule Amoxycillin I. P. 500 mg. When the tenders were opened, the rates quoted by different parties were as under:-L-1 M/s. Super Pharma Rs. 76. 79+4% CST=rs. 79. 86 l-2 Petitioner Rs. 135+4% VAT=rs. l35 l-3 M/s. Jaywin Rs. 138. 71+4% VAT=rs. l38. 71 l-4 M/s. Medipol Rs. 135+4% CST=rs. l40. 40 pharmaceuticals subsequent to opening of the commercial bids, the petitioner sent a letter dated Olst May, 2007 to the Director, CMSO which reads as under:-

(3.) M/s. Super Pharma also represented by their letter dated 17th april, 2007 that by mistake, the rate of Amoxycillin Capsule I. P. 500 mg was quoted for Amoxycillin Capsule I. P. 250 mg and the rate of amoxycillin Capsule I. P. 250 mg was quoted for Amoxycillin Capsule i. P. 500 mg. The rates were, thus, to be reversed.