ROCHE DIAGNOSTICS INDIA PRIVATE LIMITED Vs. STATE OF RAJASTHAN, DEPARTMENT OF MEDICAL AND HEALTH
LAWS(RAJ)-2018-2-340
HIGH COURT OF RAJASTHAN
Decided on February 21,2018

Roche Diagnostics India Private Limited Appellant
VERSUS
State Of Rajasthan, Department Of Medical And Health Respondents

JUDGEMENT

M.N.BHANDARI,J. - (1.) By this writ petition, a challenge is made to the tender notice dated 16th December, 2016 and to the order dated 15th March, 2017. A further challenge is made to the technical specifications incorporated in the bidding document apart from reliefs pertaining to NIT.
(2.) A tender notice was floated by the respondents for procurement of Nuclear Acid Testing System (Rental Basis) at SMS Hospital Blood Bank, Jaipur on rate contract basis for a period of 24 months. The bidding document was issued incorporating technical specifications. The petitioner-company sent a letter to the respondents for re-consideration of technical specifications. When the request was not accepted, a reminder was sent but when no heed was paid to it, the petitioner-company preferred an appeal on 13th February, 2017 before the Special Secretary, Department of Medical and Health, (MD) NHM. In the meanwhile, bid of the respondent No.3 was declared to be responsive. The financial bid was thereupon opened on 15th March, 2017.
(3.) The first appeal was dismissed ignoring the specifications, limiting the participation. The petitioner-company could not submit bid due to specifications. The technology possessed by the petitioner-company is known as Minipool, whereas, specifications given by the respondents were only for ID Net. The allegations have been made for adopting the brochure of the respondent No.3 to limit the bid for ID Net instead of procuring Nuclear Acid Testing System with both the technologies i.e. Minipool and ID Net.;


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