A.N.Varma, J. - (1.) The petitioners have challenged the acceptance of the tenders offered by respondent nos. 3 and 4 in response to an advertisement inviting tenders for supply of medicines to the Swarup Rani Nehru Hospital, Allahabad for the year 1981-82. They contend that neither of respondent nos. 3 and 4 was eligible on the relevant date, namely, 30th of March 1981, and consequent respondent nos. 1 and 2 committed an illegality in accepting their tenders. In the writ petition it has been asserted, that respondent nos. 3 and 4 did not submit along with their tenders proof of the fact that they were licensed drugs dealers and also that they had not been prosecuted under the Drugs Act. It is asserted that though proof of these facts was given subsequently that would not cure invalidity of the tenders. In the counter-affidavit which has been filed on behalf of the Government, these assertions have been denied and it has been stated that the respondents had complied with the requisite conditions entitling them to be considered for grant of the contract.
(2.) In order to appreciate the controversy between the parties, we are setting out here the relevant condition which was the subject of arguments at the Bar. Condition no. 3 reads as follows : "3. Tenders will be opened by the undersigned in his office on 30-3-1981 at 3 p.m. in presence of such tenderers or their authorised representatives who may chose to attend. Tender tor supply of drugs will be accepted from registered and licenced drugs dealers only and they must produce proof of the same with the tender of medicine, and also with a letter that they have never been prosecuted under Drugs Act"
(3.) Learned counsel placed reliance on a decision of this Court in M/s Yadav Medical Store, Allahabad. The State of Uttar Pradesh and others, AIR 1981 All 139 1981 UPLBEC 194 in which it was ruled that in order to entitled a person to have his tender accepted the eligibility must exist on the date on which the matter of acceptance of the tenders is Considered.;