PRADEEP RAO Vs. STATE OF ORISSA

JUDGEMENT

(1.) PETITIONER , in eminent homoeopathic doctor of the Stats, has filed this petition stated to be in public interest questioning decision of the State Government to purchase Single Plune Digital Cardiac Cathaterisation Lab for the S. C. B. Medical College Hospital from M/s. Siemens Ltd., (in short, 'Siemens'), allegedly over -looking recommendations of the State Level Purchase Committee (in short, 'SLPC') to purchase it from fv?/s. Philips Medical System India Ltd., (in short 'Philips'). It is stated that quality of equipment for which order has been placed with Siemens is inferior to that offered by Philips, and in any event indicated determinative reason of lesser financial involvement is not factually correct.

(2.) A reference to the1 factual aspects with some details would be necessary.

(3.) ON behalf of the Siemens, Mr. G. Hath, learned Sr. Counsel urged that the scope of interference with administrative decision is very limited. The High Court does not sit as a Court of appeal, and it can only see whether the decision -making process has been vitiated, and is not concerned with the decision itself. ft is submitted that Philips had submitted exhorbitantly high rate, and on negotiation came down by nearly Rs. 70 lakhs from Its original offer. That itself is indicating of foul -play. Action of the DMET in convening the meeting after the decision was taken not to seek the views of outside experts is patently mala fide and motivated. In arty event, it is submitted that the Government has taken all relevant aspects into consideration and therefore, its action cannot be questioned. It is emphatically urged that there is hardly anything to choose between Philips and Siemens, both of whom are internationally reputed concerns. It is not that Philips was given a clean -chit about the quality of its equipments and components. The outside expert who had suggested the name of Philips belonged to an institute which placed orders with Siemens when it needed an equipment. Even the outside experts had not observed that Philips was superior substantially. It was only observed that it was marginally better. it was also observed that Philips satisfied almost all tender specifications and Siemens comes next.