NOBLE PHARMACARE LTD Vs. STATE OF ODISHA

JUDGEMENT

(1.) This common order is passed as the parties in both the writ petitions are same and the pith of the petitioner's prayer is to quash a corrigendum notice No. 12797/OSMC/I-63/2019 dated 7.11.2019 on which issuance by the tender inviting authority, the petitioner is deprived of fair participation not only in the first tender bid dated 30.08.2019, but also subsequent retender on 20.01.2020. Heard Mr. Surya Prasad Mishra, learned Senior Advocate for the petitioner, Mr. Janmejaya Katikia, learned counsel for opposite party No.1 and Mr. Prabhu Prasad Mohanty, learned counsel for opposite party No.2.

(2.) The facts essential for disposal of the writ petitions are thus:-

(3.) Opposite party No.1 filed counter affidavit and additional counter affidavit stating that the State being not a party, the writ is not maintainable. It was stipulated in the tender document Clause No. 6.15 that at any time prior to the deadline for submission of bid, the tender inviting authority may, for any reason, modify the bid document by amendment and publish it in etender portal and OSMCL Website, and accordingly the corrigendum was issued to which petitioner cannot take legal exception. Both the disposable syringe items are very essential for day-to-day management of the hospital. The requirement of 2cc disposable syringe for the entire State was 2.82 crores and 5cc disposable syringe was 3.17 crores for the financial year 2019-2020 and for that it was decided that the company having strong financial background and good past performance could ensure timely supply of quality items for the benefits of the patients and for that it was decided to keep those two items under Rs.2 crores turnover category for which corrigendum was issued and petitioner was found not qualified. Further it is stated that as the petitioner was supplying items of inferior quality, his firm was de-recognized by the Director of Health and Services, Odisha, vide order No.421 dated 19.3.2016 for a period of two years and complaint was received from different health institutions of the State that the injection syringes supplied by the petitioner were not of standard quality. A question was raised in the floor of the Assembly on 11.07.2014 and answer was given by the-then Health Minister. A decision was taken to cancel all the orders of the petitioner's company and to procure only auto lock/auto disable syringes.