VAISHALI HYGIENE PRODUCTS Vs. STATE OF RAJASTHAN AND ORS.
LAWS(RAJ)-2019-12-158
HIGH COURT OF RAJASTHAN
Decided on December 12,2019

Vaishali Hygiene Products Appellant
VERSUS
State of Rajasthan And Ors. Respondents

JUDGEMENT

ASHOK KUMAR GAUR,J. - (1.) The present writ petition has been filed by the petitioner by making the following prayers:- "(i) Call for the entire records, documents and note-sheets pertaining to NIB No.5/2019 dated 16.07.2019 issued by respondent Rajasthan Medical Services Corporation Limited; (ii) Issue appropriate writ, order and/or directions whereby, the entire proceedings of NIB No.5/2019 dated 16.07.2019 issued by respondent Rajasthan Medical Services (D.B. SAW/1735/2019 has been filed in this matter. Please refer the same for further orders) Corporation Limited may kindly be quashed and cancelled; (iii) Issue appropriate writ, order and/or directions whereby, directions be issued to initiate enquiry against the impugned action of the Rajasthan Medical Services Corporation Limited whereby multiple alterations have been made to the eligibility criteria of the tender conditions; (iv) Any other writ, order or direction, which this Hon'ble Court deems just and appropriate in the facts and circumstances of the case may kindly be passed in favour of the petitioner (v) Costs of the present writ petition may also kindly be awarded in favour of the humble petitioner."
(2.) Counsel for the petitioner Mr. Siddharth Bapna submitted that successive corrigendums have been issued by the respondents in respect of NIB No.5/2019 by the Executive Director (Procurement) RMSCL, Jaipur and by Corrigendum No.5 dated 19.09.2019, the eligibility criteria i.e. Clause 2(b) has been materially altered by asking the bidders to have average annual turnover in the last three financial years of not less than Rs.20 crores.
(3.) Counsel submitted that for the same product, the respondents had invited bids in the year 2017 and the turnover required was only of Rs.10 crores. Counsel submitted that apart from corrigendum No.5 dated 19.09.2019, the respondents issued corrigendum No.6 dated 20.09.2019 and they have again changed the eligibility criteria i.e. Clause 2(b) where average annual turnover is required for the relevant product only i.e. Sanitary Napkins.;


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