PUNJAB DRUG MANUFACTURERS ASSOCIATION Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Articles 226/227 of the Constitution, seeking a direction to the respondents (The State of Punjab and its officers) to treat all drug-manufacturers at par without putting any arbitrary conditions as have mentioned in the tender form for the supply of drugs to the Government.

(2.) The petitioner, the Punjab Drug Manufacturers Association, is a registered organisation of the manufacturers of drugs in the State of Punjab. The Director, Health and Family Welfare, Punjab (respondent No. 3), circulated tender forms inviting quotations for the supply of certain medicines and drugs to the Government hospitals and dispensaries in the State of Punjab. The conditions mentioned in the tender form are alleged to be discriminatory and violative of Articles 14 and 16 of the Constitution of India. The petitioner has alleged that the conditions have been incorporated in the tender form so as to make only the multinational drug manufacturing companies eligible for entering into a contract with Government. The petitioner has challenged the drug-purchase policy framed by the State Government and the consequent incorporation of the unreasonable conditions in the tender form.

(3.) The policy guidelines dated 1-3-1996 framed by the Governor of Punjab for the purchase of drugs and medicines by the Government incorporate the following conditions in paragraph 'B' :-