LALIT PHARMACEUTICALS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this writ petition, the petitioner has questioned the process under the Notice Inviting Tenders (NIT) dated 27.11.2008 that was issued by the respondent No. 3 for supply of lab chemicals, reagents and other items.

(2.) It is averred in the petition that the petitioner firm is engaged in the business of sale of diagnostic kits, reagents, and all pathology equipments; and pursuant to the NIT dated 27.11.2008, the petitioner purchased the tender form on 09.01.2009 and deposited the same on the same date, i.e., 09.01.2009 along with the required pay order for Rs. 60,000/-while giving technical as well as financial bids. It is alleged that the tenders were opened on 12.01.2009 and the petitioner's tender came to be rejected without assigning any reason; and despite making requests, the reasons for rejection were not communicated. According to the petitioner, its tender was submitted after completing all the formalities and rejection thereof without assigning any reason and without opportunity of hearing remains unjust and arbitrary. The petitioner has also questioned the conditions stated in the NIT that the tender could be rejected without assigning any reasons as being arbitrary and illegal.

(3.) This writ petition was entertained by this Court on 16.02.2009 and, while issuing notices, the respondents were restrained from finalising the matter with regard to the allotment of the contract in question.