Madhya Pradesh High Court
Bharat Parenterals Ltd. A Public ... vs The State Of Madhya Pradesh on 17 March, 2021
Author: Chief Justice
1 WP-1948-2021
The High Court Of Madhya Pradesh
WP-1948-2021
(BHARAT PARENTERALS LTD. A PUBLIC LIMITED COMPANY INCORPORATED UNDER THE
COMPANIES ACT THR. ITS GENER Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Jabalpur, Dated : 17-03-2021
Shri Sanjay K. Agrawal, learned counsel for the petitioner.
Shri Rohit Jain, learned counsel for the respondent no.3.
This writ petition has been filed by the petitioner Bharat Parenterals
Ltd. with the following prayer:
(i) This Hon'ble Court may kindly be pleased to issue a
writ in the nature of Certiorari and quash the impugned
Order dt. 19.11.2020 issued by the Respondent No.3 as
against the Petitioner being arbitrary, illegal and void.
(ii) This Hon'ble Court may kindly be pleased to issue a
writ in the nature of Certiorari and quash the impugned
Order dt. 22.01.2021 issued by the Respondent No.3 as
against the Petitioner being arbitrary, illegal and void.
(iii) This Hon'ble Court may kindly be pleased to issue a
writ in the nature of Mandamus directing the
Respondents to award the Tender No.-097 if its financial
bid is found to be lowest by the Respondent no.3.
(iv) Any other suitable relief deemed fit in the facts and
circumstances of the case may also kindly be granted
together with the cost of this petition.
The petitioner participated in the process of tender floated by the
respondent no.3 pursuant to the Notice Inviting Tender dated 15.09.2020 for
entering into rate contract to supply of pharmaceutical drugs to various
Government hospitals in the State of M.P for a period of 18 months. The bid
of the petitioner was however disqualified in the technical evaluation that was
made on 27.10.2020 on the premise that he was blacklisted by Kerala Medical
Services Corporation Ltd. Thiruvananthapuram vide order dated 28.09.2020
(Annexure-P/4).
The contention of the learned counsel for the petitioner is that the
petitioner challenged the aforesaid order before the High Court of Kerala in
W.P.(C) No.21421/2020. The Kerala High Court by order dated 16.10.2020
directed that "Effect of Ext.P13 shall be confined to the State of Kerala" .
2 WP-1948-2021
The contention therefore is that in view of the aforesaid order of the Kerala
High Court, blacklisting order could not be taken into consideration by the
respondent no.3 in the State of M.P. It is argued that eventually, the writ
petition filed by the petitioner was allowed and vide judgment dated
04.01.2021 Annexure-P/10, the order of blacklisting was set aside. The
learned counsel for the petitioner argued that in view of the order of the
Kerala High Court, the State Governments of Gujarat, Rajasthan, Tamil Nadu,
Bihar and Central Health Services Corporation have all treated the petitioner
eligible to participate in all the tender processes. The respondents, therefore,
ought to consider the petitioner eligible.
Learned counsel for the respondents has opposed the writ petition and
supported the action of the respondents with reference to the avernment made
in their counter affidavit.
Having regard to the aforesaid facts, we dispose of the writ petition
requiring the Managing Director of the Respondent no.3 M.P. Public Health
Services Corporation Ltd. to consider the grievance of the petitioner. It
would be open to the petitioner to submit a detailed representation along with
copies of the stay order and the final judgment passed by the Kerala High
Court and other material he seeks to rely in support of its case. The Managing
Director may take final view in the matter within a period of 15 days from the
date of submission of the representation along with copy of the order passed
today, preferably before the award of the contract in question.
Accordingly, the writ petition is disposed of.
(MOHAMMAD RAFIQ) (VIJAY KUMAR SHUKLA)
CHIEF JUSTICE JUDGE
anu
Signature Not Verified
SAN
Digitally signed by ANUPRIYA SHARMA
CHOUBEY
Date: 2021.03.18 16:28:55 IST
