AKASH MEDICO Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging order dated 26.4.2010 (Annexure-5) issued from the office of Additional Director, Central Government Health Scheme by which Additional Director, Central Government Health Scheme, Patna (respondent no. 3) terminated the tenure of M/s Akash Medico (petitioner) as local chemist for Zone-II of the C.G.H.S., Patna from 26.4.2010 and empanelled M/s Shikha Medico, Patna (respondent no. 6) as local chemist for C.G.H.S., Wellness Centre-2, Kankarbagh and also for direction to open the price list of the petitioner and empanelment in favour of the petitioner.

(2.) Learned counsel for the petitioner has claimed that the petitioner is a firm duly registered under the Registration Act having valid license to sell, stock or offer for sale or distribution of drugs in retail other than the specified in Schedules-C, C/J and X. It is also claimed that the Government of India under the Directorate General of Health Services within the Ministry of Health and Family Welfare has a scheme called Central Government Health Scheme for providing comprehensive medical care facilities to the Central Government Employees/Pensioners and certain other categories of persons and it invited sealed tenders from the eligible chemists for supply of medicines/drugs to the C.G.H.S. dispensaries/hospitals in the cities.

(3.) Learned counsel for the petitioner further submitted that in the year 2008 when similar tenders were invited, the petitioner applied and his tender was accepted and he was empanelled on 7.7.2008 for one year and since then he supplied medicines/drugs to the C.G.H.S. dispensaries/hospitals and in the meantime extension was granted to him. Learned counsel for the petitioner also stated that on 3.12.2009 tender notice was published in "Hindustan Times" at the instance of Additional Director, Central Government Health Scheme, Patna for empanelment of local purchase chemist for Zone-II for the year 2010-11 and only the petitioner submitted his tender and after opening his tender in which he fulfilled all the requirements, the authorities cancelled the said tender as it was single tender. Against the said rejection, petitioner filed application on 5.1.2010 (Annexure-1) before the Additional Director, Central Government Health Scheme, Patna but without deciding the said matter, the said Additional Director issued a fresh notice inviting tender in the "Times of India" dated 18.2.2010 (Annexure-2) and again the petitioner submitted a sealed bid within the stipulated date alongwith three others and the said bids were opened on 3.3.2010 and out of four applicants petitioner succeeded in the tender bid, whereas respondent no. 6 did not fulfill the criteria of Rs. 60 lacs turnover for the last three financial years. Learned counsel for the petitioner further asserted that respondent no. 6 filed a complaint against selection of petitioner, whereafter the financial bid of the petitioner was not opened. However, against the said act, the petitioner filed a complaint on 29.3.2010 whereafter the Additional Director (respondent no. 3) terminated the tender of the petitioner and empanelled respondent no. 6 by his impugned order dated 26.4.2010 (Annexure-5).