KALELKER SURGICALS PVT LTD Vs. DIRECTOR OF FAMILY WELFARE GOVT OF A P D M AND H S SULTAN BAZAR HYDERABAD

JUDGEMENT

(1.) Heard the learned Counsel for the petitioner and the learned Government Pleader for Medical and Health.

(2.) The petitioner seeks a writ, order or direction more particularly in the nature of mandamus declaring the fresh tender notification in Rc.No.5006/NTP/IPP-VI/E/ 96-11 dated Nil-11-1996 as arbitrary, unreasonable and unsustainable in law.

(3.) The learned Counsel for the petitioner submits that the petitioner-company is a private limited company engaged in the business of manufacture of Surgical instruments. It has been supplying standard instruments for surgical and other purposes to various Family planning centres and clinics through out India. The instruments which have been manufactured by the company have been certified to be satisfactorily functioning at various centres. The petitioner is supplying instruments like Double puncture operative laproscope for the period of last more than 10 years. The respondent issued notification on 23-7-1996 published in 'Deccan Chronicle the local Newspaper inviting the bids from the manufacturers for the supply of various items for various primary health centres and FRUs of all the districts of Andhra Pradesh. The petitioner in response to the said notification for item No.4 (equipment notified in the said notification) i.e. Double Puncture Operative Laproscope at estimated cost of Rs.38.50 lakhs, has submitted its tender after obtaining a copy of the bid document and after satisfying itself mat it fulfills all the conditions and criteria laid therein. Last date for filing of tenders is fixed as 30-8-1996 at 3.00 P.M. Opening of the bid tenders was scheduled on the same day at 4.00 P.M. The opening of the tenders by the respondents on 30-8-1996 was postponed at 4.30 P.M. to 20th September, 1996. Amendment to the said notification was issued by the respondents extending last date for sale of bid and tenders by proceedings dated 30-8-1996 in Rc.No.5002/NTP/IPPVI/E/96-8 which is extracted as under:-