BHARDWAJ AGENCIES Vs. STATE OF J&K

JUDGEMENT

(1.) Principal Government Medical College and Associated Hospitals Jammu, respondent No. 3 herein, in his capacity as Chairperson, Purchase Committee, issued E-Tender Notice No.07 of 2013 inviting on line bids from the original manufacturers/their dealers registered with Health and Medical Department of J&K State for supply of Anaesthesia equipments, namely, inter alia, High End Ventilator (for short the Ventilator) and Multi Parameter Monitor Portable (for short the Monitor).

(2.) The bids were to be submitted in two parts. The first part was to consist of the technical proposal and the second part was to be the financial proposal. Petitioner, it appears, claiming to be the authorized dealer of Hamilton and Allengers Medical System, responded to the E-tender and submitted separate bids for supply of the Ventilators and the Monitors. It is not disputed that the petitioner among others qualified the technical bids, which, it appears, were opened after technical demonstration of the equipments to be supplied, and thereafter the financial bids of qualified bidders were opened. The financial bids in respect of the Ventilators were opened on 19.12.2013 and those in respect of the Monitors were opened on 18.02.2014. Respondents (Purchase Committee), however, rejected claim of the petitioner as regards the supply of the Ventilators and ultimately issued order No. GMC/PC/1163-64 dated 24.03.2014 in this behalf and vide E-Tender Notice No. 14 of 2014 have called for the he fresh bids for supply of Monitors among other items/equipments.

(3.) Feeling aggrieved by rejection of his claim as regards the supply of Ventilators vide order dated 24.3.2014 and issue of E-Tender Notice No. 14 of 2014 to the extent of Monitors, petitioner has filed this writ petition for issue of a writ of Certiorari to quash the said order and the Tender Notice to the extent of supply of Monitors and issue of a direction to the respondents to issue rate contracts in respect of the said two items in favour of the petitioner pursuant to and in furtherance of E-Tender Notice of 2013.