DIALYSIS SERVICE PROVIDERS ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) The petition is filed by the Petitioner Association formed by 7 dialysis service providers spread across the country, challenging the Notice inviting Request for Quote (RFQ) floated by the Respondent No.3 for selection of Strategic Partner from amongst empaneled firms for Hemodialysis Services projects in the State of Maharashtra. The Petitioner-Association has also challenged the Memorandum of Understanding (MOU) executed by the State Government in favour of Respondent No.3 by awarding the work of setting up of dialysis centers at 367 Government Health Facilities. In addition to challenging nomination of Respondent No.3 by the State Government for implementation of programmes of dialysis centers at 367 Government Health Facilities, the Petitioner is also aggrieved by Respondent No.3 selectively considering participation of only empaneled entities for selection of Strategic Partner for implementation of the programme. Petitioner has also challenged the contract awarded by Respondent No.3 to Respondent Nos.5 and 6 in pursuance of the impugned RFQ.

(2.) Brief facts leading to filing of the petition are that Petitioner claims to be an association espousing the cause of dialysis service providers across the country and has seven members as named in para- 2 of the petition. Petitioner claims that its members are empaneled with Central Government Health Schemes (CGHS) and have been successful in providing diagnostic and hemodialysis related services to the patients across India. Respondent No.3-HLL Lifecare Limited is a wholly owned Public Sector Undertaking of the Government of India and according to the Petitioner, its activities are essentially restricted to manufacture of health related products such as sanitary pads, condoms, re-hydration salts, blood transfusion equipment and wound care products, blood banking equipment, neo-natal care equipment and surgical and health care products. It also provides health care services, clinical pathology related and diagnostic imaging services.

(3.) Respondent No.2-State of Maharashtra executed Memorandum of Understanding (MOU) with Respondent No.3 for setting up Dialysis Centers at 367 Government Health Facilities by furnishing the space allotted by the respective facilities and deploying 1950 dialysis machines alongwith ancillary equipment for providing free dialysis services to the patients under the National Heath Rural Mission. Petitioner is aggrieved by Respondent No.2 nominating Respondent No.3 for implementing the programme of providing free dialysis services without implementing any tender process. Accordingly, the MOU executed between Respondent Nos.2 and 3 is under challenge in the present petition.