MAAN PHARMACEUTICALS LTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging memo dated 2.2.2011 (Annexure-1) by which the Executive Director-cum-Secretary, State Health Society, Bihar (respondent no. 4) blacklisted the petitioner's company for next five years and debarred it from participating in any tender of the State Health Society, Bihar (hereinafter referred to as 'the Society', for the sake of brevity) for the said period on the ground that medicines supplied by the petitioner in the district of Buxar pursuant to notice inviting tender dated 20.6.2008 (Drug Tender Round-V) was found to be sub-standard. By the impugned memo, the Society also terminated the agreement which was executed by the parties for supply of different drugs in different Government Hospitals of the State of Bihar pursuant to subsequent notice inviting tender dated 24.1.2009 and 11.10.2009 (Drug Tender Round-VI and Drug Tender Round-VH). The petitioner has also sought relief for restraining the respondents from disturbing the petitioner's company with respect to supply of different medicines pursuant to subsequent notice inviting tender dated 24.1.2009 and 11.10.2009 mentioned above in the Government Hospitals of the State of Bihar as well as from taking part in the subsequent tender. It is not in dispute that a notice was published by the Society on 20.6.2008 (Annexure-2) inviting tender (Drug Tender Round-V) from eligible pharmaceutical manufacturers for supply of different drugs in various Government Hospitals of Bihar, In response to the said notice, the petitioner-company submitted its technical as well as financial bid alongwith relevant documents within time which was opened by the society as per the procedure and the petitioner company was found eligible and an agreement was executed between the petitioner-company and the respondent-Society and vide letter no. 10049 dated 8.5.2009 (Annexure-3) issued by the said Society all the selected companies, including the petitioner company, were informed about the rate of contract for supply of drugs in the Government Hospitals of the State as well as the terms and conditions.

(2.) Learned counsel for the petitioner submitted that term of the said supply was till 31st March, 2010 and altogether 24 products of petitioner-company was selected for supply, including Amoxycillin Oral Suspension 125mg/5ml phial, and the petitioner started supplying the said medicines in different Government Hospitals of the State as per the rate mentioned above.

(3.) Learned counsel for the petitioner further submitted that again on 24.1.2009 (Annexure-4) the Society published notice inviting tender (Drug Tender Round-VI) from eligible pharmaceutical manufacturers for supply of different drugs in Government Hospitals of Bihar and in response thereto the petitioner-company submitted its technical and financial bid alongwith relevant documents within time and when the bids were opened by the Society, petitioner- company was found eligible alongwith others and accordingly an agreement was executed between the petitioner-company and the respondent-Society and vide letter dated 17.2.2010 (Annexure-5) all the companies, including the petitioner-company, were informed about the rate of contract for supply of drugs in the Government Hospitals of the State, whereafter the petitioner company started supplying different medicines in different Government Hospitals as per the rate mentioned in the aforesaid letter. However, vide memo dated 29,7.2010 (Annexure-6), the Society ex tended the term of supply till 31.8.2010.