DIPANKAR DATTA,J. - (1.) These two writ petitions involve common questions of law and fact and hence have been heard together. The same shall stand disposed of by this common order.
(2.) Both the petitioners are suppliers of medicines and medical equipments. It is claimed in the writ petitions that they have been supplying the same to the Health Directorate for a substantial period of time without complaint. By a notice inviting tender dated 25th August, 2011, the Health Directorate had invited offers for supply of medicines. The petitioners had submitted their offers and were waiting for a decision thereon.
(3.) In the meantime, certain medicines supplied by the petitioners in the later part of 2010 were found to be sub-standard by the Central Drug Laboratory, Kolkata. It is on the basis of the report of the laboratory that the petitioners were informed by the orders impugned issued by the Chief Medical Officer (Stores), Directorate of Health Services, Andaman and Nicobar Islands that their offers made in pursuance of the tender notice dated 25th August, 2011 have not been considered for participation and such non-consideration would continue till finalization of the prosecution process that has been launched against the manufacturers of the medicines, which were found to be sub-standard.;