F. LALREMSANGI Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. D. Saikia, learned senior counsel, assisted by Mr. M. Das, learned counsel for the appellant in Writ Appeal No.342/2019 and Mr. N. Sarkar, learned counsel for the appellant in Writ Appeal No.343/2019. Also heard Mr. D. Das, learned Advocate General, Mizoram, assisted by Mr. A. Kalita, learned Additional Advocate General, Mizoram, appearing for the State respondents.

(2.) These 2(two) intra-Court writ appeals are directed against the common judgment and final order dtd. 31/10/2019 passed by the learned Single Bench in WP(C) No.131/2019 and WP(C) No.134/2019, respectively, filed by Smt. F. Lalremsangi, Proprietor of R.R. Pharmacy (appellant in Writ Appeal No.342/2019) and Shri Lalrozara (appellant in Writ Appeal No.343/2019), whereby the decision of the respondent Director, Zoram Medical College to award the contract for running the Pharmacy Canteen at the Zoram Medical College in Falkawn to the respondent No.4 in Writ Appeal No.343/2019, i.e. Dr. C. Zothanmawia, Proprietor of Medicare Pharmacy, pursuant to the Short Tender Notice dtd. 6/8/2019, was upheld and both the writ petitions were dismissed.

(3.) The bone of contention inter se between the parties is as to whether the decision of the respondent tendering authority, i.e. the Director of Zoram Medical College, in awarding the contract to a bidder, who was not having a Drug Licence for the area wherein the College was located, i.e. Falkawn, is valid in the eyes of law or not. A further projection is made by the appellants/writ petitioners that the terms and conditions of the original NIT were tinkered with at the instance of the private respondent with the intervention of the Hon'ble Chief Minister of Mizoram and thus, impugned action suffers from nepotism and is tainted.