MUKESH KUMAR ROY SON OF SHRI MANAGER ROY, PROPRIETOR, CITADEL VIGILANT SYSTEM, 2ND FLOOR, MADHURI BHAWAN, JAMAL ROAD, PATNA Vs. THE UNION OF INDIA THROUGH ITS MINISTRY OF HEALTH, GOVERNMENT OF INDIA, NEW DELHI

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present writ application has been filed against the grant of license by the respondent All India Institute of Medical Sciences, Phulwarisharif, Patna (hereinafter referred to as the 'Institute') to respondent no. 6 to set up Chemist shop in the Institute.

(3.) The brief facts of the case are that a Notice Inviting Tender (NIT) was invited by the Institute for setting up a Chemist shop in the Department of Pharmacy Institute on 16.04.2014. Pursuant to the same, nine firms were selected for proceeding with the opening of the technical bid including the petitioner and the respondent no. 6. It appears that finally the respondent no. 6 was the successful bidder and accordingly letter was issued to him on 14.07.2014. In the pre-bid meeting after realising certain anomaly corrigendum was issued on 10.05.2014 by which certain amendments were brought and the offer was extended to proprietor firm also. Further, the minimum turnover was also reduced from Rs. 2 crores to Rs. 1 crore as the drug supplier during the last three years from the initial stipulation of retail Chemist during the last three years. The petitioner filed an application before the Competent Authority on 18.08.2014 pointing out the irregularity in the grant of such license to the respondent no. 6. However, pursuant to a legal notice sent to the Institute on 03.09.2014, a clarification was given that the respondent no. 6 also has the requisite experience of five years in business.