LAWS(P&H)-1988-6-1

PUNJAB DRUGS MANUFACTURERS ASSOCN Vs. STATE OF PUNJAB

Decided On June 03, 1988
PUNJAB DRUGS MANUFACTURERS ASSOCN. Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) An issue in this writ petition under Arts.226 and 227 of the Constitution of India is the legality and validity of the policy decisions of the Punjab Government dt. Oct. 29, 1984 and Feb. 12, 1987 and the consequential orders dated Aug. 5, 1985 and Mar. 2, 1987, issued by the Director, Health and Family Welfare, Punjab (respondent 21 to the Civil Surgeons/Medical superintendents and Principals of Medical Colleges in the State of Punjab, directing them to purchase drugs/ pharmaceuticals from respondents 4 to 9. A broad brush factual backdrop will help delineate the contours of the forensic controversy.

(2.) Punjab Drugs Manufacturers Association (the petitioner in this case) is an association of drugs manufacturers of Punjab Members of the petitioner Association used to supply drugs/medicines to Punjab Government at rates approved after inviting tenders from time to time.

(3.) The Punjab Government, on Oct. 29, 1984, took a policy decision (Copy Annexure- R-I to the written statement of respondents 1 and 2) that :