- (1.) Heard learned Counsel for the petitioner Ms. Pushpila Bisth and Shri Mukund Tewari learned Counsel for the State. Petition under Article 226 of the Constitution of India has been preferred against the impugned advertisement (Annexure-1 to the writ petition) inviting tender for supply of Anti Rabies Vaccine. Petitioner is aggrieved by condition No. 13, which provides that only firm dealing with Indian manufacturer shall be entitled to submit their tenders in response to impugned advertisement. For convenience condition No. 13 is reproduced as under:--
(2.) While assailing the impugned order, it has been stated by the petitioner's Counsel that condition imposed by respondents suffers from arbitrary exercise of power. Such condition can not be imposed.
(3.) Admittedly, petitioner deals with anit rabies vaccine manufactured in China. In case, petitioner is not permitted to submit tender then it shall be deprived to launch its product in India. While assailing impugned advertisement it has also been submitted by petitioner's Counsel that earlier there was no such provision but later on by impugned advertisement the condition No. 13 has been inducted. The submission is that it has been done for extraneous reasons to give undue advantage to some Indian firms.;