M.Y.EQBAL, J. - (1.)IN this writ application the petitioner -M/s. Wipro GE Medical System has prayed for quashing the order dated 24.4.2005 whereby the tender was decided in favour of respondent No. 6, M/s. Siemens India Limited for the supply of radiological equipments.
(2.)PURSUANT to the tender notice both the petitioner and respondent No. 6 submitted their tenders consisting of technical bid and price bid. Petitioner's further case is that the technical offer made by the petitioner and respondent No. 6 was not compared by the Purchase Committee and no opportunity was given to the petitioner for demonstration of the equipment. It was only on 24.4.2005 the petitioner could come to know that the work order has been issued in favour of respondent No. 6.
Mr. Ram Balak Mahto, learned counsel appearing on behalf of the petitioner contended that the petitioner -company is the most diversified Engineering . of India. The petitioner is a leading business house with a turnover of US 1 Billion dollars with strong reputation for high technology and customer service. Learned counsel further submitted that the petitioner has set up a state -of -the -art manufacturing facility at whitefield, Bangalore for manufacturing whole body ultrasound scanners, C -Arm, patient monitoring product. Learned counsel submitted that despite lower price quoted by the petitioner work order was issued in favour of respondent No.6.

(3.)MR . A.K. Sinha, learned Advocate General appearing on behalf of the State, on the other hand, submitted that the first tender notice (Annexure 1) was cancelled and, therefore, a fresh tender notice was issued on 4.1.2005. A specific condition was put that during the rate comparison the rates of AMC or CMC will also be considered by the Purchase Committee. Learned counsel submitted that after technical bid was opened a Sub -Committee was constituted consisting of eminent doctors for evaluation of technical bid of the equipment and the said committee examined the demonstration of the machines and recommended for purchase of the equipment of M/s. Siemens India Limited.