PUNJAB HOMOEOPATHIC PHARMACY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner, which is a registered Co- operative Society, registered under the Punjab State Co- operative Societies Act, 1961 and is engaged in manufacturing and sale of various types of homeopathic medicines, having a manufacturing unit in Punjab, has approached this Court for a direction to the respondent Nos. 2 and 3 to proceed strictly in accordance with law and recall/cancel the offending provisions in the Tender Reference No. SASB-Drugs/1-19 dated 22.08.2019 which requires a tenderer, for being eligible for participating in such tender to have an annual turnover of rupees three crores and that they would be under an obligation to file copies of audited balance sheet and profit and loss account/income and expenditure statement showing such turnover as also for ensuring that the tender papers are furnished to such co- operative and small scale units free of cost, relaxation of the requirement of payment of earnest money and waiver of security deposit up to the monetary limit for which such unit is registered and the price preference up to 15 % over the quotation given by large scale units. The prayer in the instant petition is also for giving relaxation with respect to prior experience in such procurement.

(2.) It has been submitted that the Ministry of Health and Family Welfare, Government of India in the department of Ayush has launched "National Ayush Mission" (NAM) to be implemented through States/Union Territories with an objective to promote alternative medical systems and making the availability of the raw materials for such drugs sustainable.

(3.) According to the scheme of NAM, the financial obligation is to be shared by the Central Government and the federating units in a proportion of 60:40. Under the aforesaid scheme (NAM), operational guidelines have also been issued which provide for 50 % of the grant-in- aid provided to be used for procuring medicines from Indian Medicines Pharmaceutical Corporation Limited (a central/public sector undertaking) or from public sector undertakings/pharmacies under the State Governments and co-operatives which manufacture medicines in their own manufacturing units and are "good manufacturing practices" compliant, keeping in view the need for ensuring quality of Ayush drugs and medicines. The remaining grant-in-aid provided under the mission could be used for procuring medicines as per Essential Drug List (EDL) of alternative medicinal system published by the Department of Ayush, Government of India from other good manufacturing practices compliant units having valid manufacturing licenses.