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Madras High Court
Sequoia Healthcare Limited vs Tamil Nadu Medical Services ... on 21 May, 2026
Author: G.R.Swaminathan
Bench: G. R. Swaminathan
WP No. 20315 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-05-2026
CORAM
THE HON'BLE MR JUSTICE G. R. SWAMINATHAN
WP No. 20315 of 2026
AND
WMP NO. 21778 OF 2026
1. Sequoia Healthcare Limited
Rep by its Authorised Signatory P.Diwakar
Reddy,
Plot No. 27, Survey No.125
K.I.A.D.B.Industrial Area
Chikkaballapur,Karnataka- 562101.
2. P.Diwakar Reddy
Director, Sequoia Healthcare Limited
Having Office at.
Plot No. 27, Survey No.125
K.I.A.D.B.Industrial Area
Chikkaballapur,Karnataka- 562101.
..Petitioner(s)
Vs
Tamil Nadu Medical Services Corporation Limited
Under the Health and Family Welfare Department,
Government of Tamil Nadu
417 Pantheon Road, Egmore,
Chennai- 600 008
Tamil Nadu
[email protected]
..Respondent(s)
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Prayer in WP No. 20315 of 2026: To call for the records of the Tender
bearing Reference No.E1395/CT / RC/ TNMSC/ ENGG/ 2025 dated
19.08.2025 and the Subsequent Technical Evaluation Summary dated
14.05.2026 issued by the Respondent, and quash the same, and Consequently
direct the Respondent to issue a fresh Tender by Calling for fresh bids without
including the impugned condition and pass orders.
Prayer in WMP No.21778 of 2026: to stay all further proceedings pertaining
to tender bearing reference No.E1395 /CT/RC/TNMSC/ENGG/2025 dated
19.08.2025 and the technical Evaluation summary dated 14.05.2026 issued by
the respondent pending disposal of the above writ petition.
For Petitioner(s): Mr.S.R.Rajagopalan
Senior Counsel for
Mr.Muthucharan Sundresh
For Respondent(s): Mr.L.S.M.Hasan Fizal,
Additional Government Pleader
Order
Mr.L.S.M.Hasan Fizal, learned Additional Government Pleader,
takes notice for respondent.
2. The learned Senior counsel for the writ petitioners pointed out that
the writ petitioner’s bid, submitted in response to the subject tender, has been
rejected on the ground that the petitioner does not possess a valid US FDA or
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European certificate and therefore, the bid is non responsive. The learned
Senior counsel states that the petitioner is very much having Indian certification
viz., approval from the Central Drugs Standard Control Organisation (CDSCO).
My attention was also drawn to OM No P-45014/33/2021-B.E-II (E-64737
dated 20.12.2022, which reads as follows:-
The undersigned is directed to state that repeated references are
being received in this Department for alleged violation of Public
Procurement (preference to make in India) order, 2017 (PPP-
MII Order). The Subject matter was reviewed in the 14 th Standing
Committee meeting held on 20.09.2022 (copy of minutes
enclosed) on implementation of PPP – MII order and it was
decided that:-
“DPIIT, DoE and GeM may jointly draft a common advisory to
be issued to all Ministries / Departments regarding nature of
grievances commonly observed in the tendering process.”
2. Accordingly, DPIIT in consultation with Department of
Expenditure and Gem has identified the “Common examples of
restrictive and discriminatory conditions against the local
suppliers and other conditions which make the bid non-compliant
to PPP-MII order, enclosed as Annexure A.
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3. Is requested to kindly publicize above amongst all procuring
agencies under your control and direct them to ensure that their
tenders are compliant with PPP-MII Order and don’t include
restrictive and discriminatory conditions against the local
suppliers.
4. This issues with the approval of competent authority.
3. Prima facie, I am satisfied that the impugned condition in the
tender notification is unreasonable. When the policy of the Government is to
encourage local manufacturing, it does not appear to be in order to insist upon
foreign certification. The learned Senior counsel states that if an interim order is
not granted, the tender process will take place and the petitioner will be put to
irreparable loss and hardship. According to him, the financial bids are yet to be
opened. Thus, the balance of convenience is also in favour of the petitioner.
There shall be an order of interim stay as prayed for. This stay will hold good
till 30.06.2026. The writ petition to be listed for hearing on 03.06.2026.
21-05-2026
rka/dna
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G.R.SWAMINATHAN J.
RKA
To
Tamil Nadu Medical Services Corporation Limited
Under the Health and Family Welfare Department,
Government of Tamil Nadu
417 Pantheon Road, Egmore,
Chennai- 600 008
Tamil Nadu
[email protected]
AND
WMP NO. 21778 OF 2026
21-05-2026
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