- (1.) This writ petition has been filed by an unsuccessful bidder in relation to the supply of drugs to the respondent Medical Department.
(2.) The petitioner's bid was found to be ineligible and, therefore, his financial bid has not been considered. The allegation against the petitioner is that the petitioner has filed an incorrect declaration as per condition No. 6.6 and has, therefore, given an incorrect information in the undertaking which has been filed by him as per Annexure-5 to the tender document that violates condition No. 8 thereof.
(3.) Sri. Asok Pande for the petitioner contends that the petitioner being a bidder with lowest rates, was entitled to participate in the financial bids and consequently, the action of the respondents is discriminatory. To substantiate his submissions, the petitioner has filed supplementary affidavits on 14.07.2016, 20. 07.2016, rejoinder affidavit dated 01.08.2016 and 04.08.2016. With the aid of such affidavits, the petitioner has also alleged that the black listed firms namely, M/s. Medipol Pharmaceuticals India Pvt. Ltd., M/s. ZEE Laboratories and M/s. Omega Biotech Limited, have been cleared in their technical bids whereas, the petitioner in spite of being qualified has been wrongly excluded.;