- (1.) This is a writ petition under Article 226 of the Constitution of India seeking a writ of certiorari quashing the tender notice dated 27.09.2017 issued by the Uttar Pradesh Swasthya Beema Kalyan Samiti (hereinafter referred as 'SACHI')regarding selection of vendor for implementation of the Pradhan Mantri Bhartiya Jan Ausadhi Pariyojna (hereinafter referred to as 'PMBJP') by opening of Pradhan Mantri Bhartiya Jan Ausadhi Kendra (hereinafter referred to as 'PMBJK') for sale of non-branded generic medicines at very low prices for the benefit of poor sections of the society.
(2.) The petitioners herein claim to be registered Pharmacists.
(3.) The grievance raised in the pleadings of the writ petition is that individual pharmacists form a separate class for being eligible to open PMBJK for sale of non-branded generic medicines but they have been included as participants in the impugned tender process which is impermissible especially as certain conditions of the tender are such, which cannot be fulfilled by them, such as, the requirement of depositing Rs.10,000,00/- (ten lacs) earnest money, a turn over of Rs. 3 crores per year during last three financial years etc. The contention is that the conditions as contained in tender documents at sl.5 and 6, are such, that they are intended to oust individual pharmacists from the zone of consideration which is contrary to the scheme of the Central Government as also the guidelines framed by the Bureau of Pharma Public Sector Undertakings of India (hereinafter referred to as 'BPPI').;