OMEGA ELEVATORS Vs. NATIONAL HEALTH MISSION

JUDGEMENT

(1.) The challenge in the present writ petition is to the tender notice published on behalf of National Health Mission (NHM), Madhya Pradesh on 02.06.2018 inviting tenders for installation of Lift/Elevator in 11 District Hospitals of Madhya Pradesh under the said Mission.

(2.) Along with the tender documents, a tenderer has to submit a bill of quantity (BOQ) for providing Lift/Elevator at various District Hospitals of Madhya Pradesh. The relevant condition reads as under :

(3.) The argument of the petitioner is that there cannot be any manufacturer specific condition that Lift/Elevator manufactured by the specific manufacturer alone would be considered. It is contended that the petitioner is 'A' Class electrical licensee and holds PWD Registration with the State Government, but the petitioner is not a manufacturer or supplier of Lift/Elevator as specified in the tender document, but is manufacturing OMEGA Elevators. It is further contended that such Elevators satisfy all the technical conditions warranted by the respondents in the Notice Inviting Tender but for the fact that the tender document is manufacturer specific. Such tender condition is illegal. It is not providing a level playing field to all the manufacturers in the area of providing Lift/Elevator.