ERBIS ENGINEERING COMPANY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Director of Medical Education and Training, Orissa, Bhubaneswar published a tender call notice in the Times of India inviting tenders in sealed covers from reputed manufacturing firms and/or authorised distributors for supply of instrument and equipment items for eight Regional Diagnostic Centres in the State of Orissa. In response to the said tender call notice, the Petitioner and Opposite party No. 4 among others submitted their bids for C.T. scan machines. The petitioner's case in the Writ Petition is that on 15.10.2003 after 11 O'clock the covers containing the technical bids were opened and on 30.12.2003 the covers containing the price bids were opened and it was found that the price bid of the petitioner was the lowest and yet the petitioner was not called for negotiation for purchase of C.T. scan machines. Aggrieved, the petitioner has filed this Writ Petition for a direction on the Opposite Parties 1, 2 and 3 to accept the lowest bid of the petitioner for supply of the C.T. Scan machines.

(2.) ON 10.12.2005, the Court directed the Learned Counsel for the petitioner to furnish copies of the Writ Petition on the Learned Additional Government Advocate and on the Learned Counsel appearing for the Opposite Party No. 4 and further directed that the matter be listed on 13.1.2005 and till then Opposite Party No. 4 shall not supply C.T. scan machines. The said interim order has continued to remain in force.

(3.) THE relevant terms and conditions relating to technical bids in Clauses 3.16, 8.1 and 9.8 of the terms and conditions for acceptance of the tender for supply of instrument and equipment items to the Government of Orissa annexed to the Writ Petition as Annexure -2 are extracted below :