BISHAL ENTERPRISES Vs. STATE OF ORISSA

JUDGEMENT

(1.) VAlidity of acceptance of tenders submitted by M/s. Logatag India (opposite party No.5) and M/s. Mediaids, Cuttack (opposite party No. 4) on behalf of Nicholas Piramal India Ltd. (opposite party No. 6) for supply of Auto Analyser and accessories of Auto Analyser i.e. Elocsys (Fully Automatic Elisa Reader) is the subject-matter of challenge in both the writ petitions.

(2.) The common case of the petitioners is that Superintendent, S. C. B. Medical College and Hospital, Cuttack invited sealed tenders for supply of Auto Analyser and its accessories which was published in the daily Samay dated 7-1-2001. The allegation is that the tenders have been accepted on certain considerations which were not spelt out in the tender call notice. Their further case is that a party which had not purchased the tender paper has been favoured with the largess.

(3.) Counter-affidavits have been filed by the Superintendent, S. C. B. Medical College and Hospital in both the cases. The contesting opposite parties have also filed separate counter-affidavits. Their common case is that pursuant to the advertisement published in the daily Samay dated 7-1-2001, four firms submitted sealed tenders by the scheduled date and time. As per the tender call notice, the tenders were to be opened on 5-2-2001 at 4 p.m. but it could not be done on the scheduled time due to pre-engagement of the Superintendent, S. C. B. Medical College and Hospital, Cuttack. Accordingly, the concerned tenderers were informed to attend the opening of the tenders on the next day, i.e. 6-2-2001 at 11 a.m. At the time of opening of the tenders, representatives of the four tenders were present. On verification it was found that M/s. Mediaids (opposite party No. 4) had submitted tenders on behalf of Nicholas Piramal India Ltd. (opposite party No. 6) as its authorised dealer. Objection was raised that M/s. Mediaids (opposite party No. 4) had not purchased tender paper for which its tender may not be entertained. One of the terms and conditions of the tender notice provided that companies/firms who have their authorised dealer/agents/servicing centre in Orissa would be eligible for participating in the tender. In view of this, opposite party No. 4 M/s. Mediaids being the authorised agent of Nicholas Piramal India Ltd. (opposite party No. 6) was considered eligible to participate in the tender programme on behalf of the principal firm which had purchased the tender paper. According the sealed tenders were opened and the Internal Purchase committee consisting of-