BIOCON LIMITED Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard learned counsel for the parties for final disposal of the petition.

(2.) This petition has been filed to challenge awarding a contract for supply of a pharmaceutical formulation called Trastuzumab, a life saving drug used for cancer treatment to the respondent No.3 by the State Government. Tender for providing the said drug was published by the State Government on 28-08- 2018. The petitioner as well as the respondent No.3 who are manufacturers of the said formulation had filed their technical as well as financial bids. The respondent No.3 was held technically qualified, so was the petitioner. Finding that the offer of the respondent No.3 at Rs.17,399/- per vial was substantially lower than that of the petitioner at Rs.31,950/-, the tender inviting authority had placed an order for supply of the said drug as per the requirement up to 31st March, 2020 under a purchase order dated 30-07-2019. The petitioner has challenged the decision of the Government to hold that the respondent No.3 was technically qualified.

(3.) In brief the case of the petitioner is that the respondent No.3 did not have minimum 3 years experience in manufacturing and marketing the said drug which was one of the requirements of the tender. The petitioner had raised such objection several times before the Government during the ongoing tender process. Ignoring such objections of the petitioner, the Government authorities held the respondent No.3 technically qualified and, as noted, placed the purchase order.