Mohammad Rafiq, J. - (1.) THIS writ petition has been filed by the petitioner S.S. Medical Systems (India) Pvt. Ltd. inter alia with the prayer that condition of reserving the entire purchases of NIB dated 18.09.2014 (Annexure -5) for Small Scale Industries (for short 'SSI') units of Rajasthan be declared as illegal, unconstitutional and ultra vires to Article 14, 16 and 19(1)(g) of the Constitution of India and the petitioner -company be declared eligible to participate in the bid proceedings in pursuance to NIB dated 18.09.2014.
(2.) AS per the averments made in the writ petition, the petitioner -company is engaged in the manufacture and supply of Ultrasounds, Colour Dopplers, CT Scanner, DR Systems, Mammography, Patient Monitoring System, Pulse Oximeters, ECG Machine, Syringe & Infusion Pumps, Medical & Hospital Furniture, Anesthesia Workstation with ICU Ventilators, Oz concentrators & Pathology Equipments, Critical Care Units for Veterinary Use, Bio -medical Waste Consumables & Disposal Equipments. The petitioner company is having its head office and manufacturing unit at F -2, Bhimtal Industrial Estate, Bhimtal, District Nainital, Uttrakhand. Respondent No. 2, Rajasthan Medical Services Corporation earlier issued a Notice Inviting Bid (NIB) on 13.03.2014 for the rate contract cum supply of Chemicals, Reagents and Consumables for Rate Contract Period 2013 -14. The petitioner participated in the bid proceedings and on being found eligible was awarded Rate Contract for supply of different items. It is further contended that Respondent No. 2 has now issued Notice Inviting Bid No. 57 dated 18.09.2014 for the Rate Contract for Hospital Supplies and items, i.e. (1) Plastic Bags 25 Litre (Red, Black, Yellow, Blue, Green); (2) Plastic Bags 15 Litre (Red, Black, Yellow, Blue, Green); (3) Plastic sharp bins for disinfectant capacity 25 Litre; (4) Plastic Bins 15 Litre (Red, Black, Yellow, Blue, Green); (5) Protective Hand Rubber Gloves; (6) Protective Rubber Boots; (7) Red & Black Bags for immunization ; and (8) Protective Rubber Apron. The last date for submission of the Bid was 29.10.2014 upto 1.00 P.M. However, the petitioner cannot participate in the Bid proceedings because the respondents have reserved the entire purchases of NIB dated 18.09.2014 for SSI (Small Scale Industries) Units of Rajasthan. Being aggrieved by the action of the respondents, the petitioner -company has approached this Court by way of instant writ petition with the aforementioned prayers.
(3.) MR . Rajesh Kala, learned counsel for the petitioner has submitted that petitioner -company is one of leading manufacturer of Hospital Supplies and Items having its manufacturing unit in Uttrakhand which has been supplying such items in different States. In fact, the respondents themselves have award Rate Contract for supply of various items to the petitioner for the rate contract period 2013 -14 which is valid upto 31.03.2015. The petitioner -company is operating on all India basis both in Government as well as private sector hospitals.;