TARSEM CHAND Vs. CHANDIGARH ADM., CHANDIGARH & OTHERS

JUDGEMENT

(1.) By invoking the provisions of Articles 226/227 of the Constitution of India, petitioner has sought quashing of the tender notice dated 14.3.2017 (Annexure P-1) for allotment of Jan Aushadhi Outlet at Government Medical College Hospital, Sector-32, Chandigarh (for short "GMCH-32") and Government Multi Specialty Hospital, Sector-16, Chandigarh (for short "GMSH-16"), with a further prayer for issuance of a writ in the nature of mandamus directing the respondents to delete the clause/conditions H(ii) and H(iii) from the terms and conditions of the aforementioned tender being contrary to the principle of natural justice, with a further prayer for quashing the agreement dated 5.2.2014, being contrary to the Scheme and bye-laws of Indian Red Cross Society.

(2.) Mr. Arun Bansal, learned counsel representing the petitioner submitted that various chemist shops are being leased out by respondent Nos.1 and 2 in many Government Hospitals to the respective highest bidders from time to time by inviting the tenders. In order to provide generic medicines to the patients, the respondents offered Chemist Shop No.5 at GMCH-32 to respondent No.3-Indian Red Cross Society on rent free basis under "Jan Aushadhi Scheme-Providing quality medicine at affordable prices for all", i.e., generic medicines only. The same was leased out in the year 2014, but contrary to the bye-laws and guidelines.

(3.) He further submitted that the respondents have now come out with a tender notice dated 14.3.2017 (Annexure P-1) calling for the tenders for leasing out Jan Aushadhi outlets at GMCH-32 and GMSH-16 by fixing 27.3.2017 upto 5.00 PM the date for submission of the tenders. The petitioner, being into business of chemist shop for the last about fifteen years and having turnover of more than Rs. 1.00 crore approximately every year, downloaded the tender notice from the website of the respondents. However, he was astonished to find conditions H(ii) and H(iii) to be unfair, unreasonable and unjust. By referring to the aforementioned conditions, he submitted that the same are against the salient features of the Scheme of the Central Government (Annexure P-3), which required the authorities to do the following act:-