IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.10990 of 2008 Date of decision: 7.11.2008 M/s Panacea Medical Technologies Private Limited. -----Petitioner Vs. The State of Punjab & Others. -----Respondents CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL HON'BLE MR JUSTICE L.N. MITTAL Present:- Mr. O.P. Hoshiarpuri, Advocate for the petitioner. Ms. Sudeepti Sharma, DAG, Punjab. Mr. A.S.Manaise, Advocate & Mr. Ranbir Singh, Advocate for respondent Nos.3 to 5. ----- ORDER: 1. This petition seeks quashing of tender notice dated 26.3.2008 (Annexure P-16). 2. Case of the petitioner is that it is manufacturing Bhabhtron-II, an isocentric external beam radiation therapy machine design, for treatment of cancer patients and is the only company for manufacturing the said machines in India. Only other manufacturer is M/s M.D.S. Noidan, Canada. C.W.P. No.10990 of 2008 3. Vide tender notice (Annexure P-16) dated 26.3.2008, Controller of Stores, Punjab invited sealed tenders for supply of ‘Imported’ Teletherapy Cobalt 60 Machine. 4. The petitioner represented that since the machine in question was also being manufactured by the petitioner, which was equally good or even better, instead of requiring only ‘imported’ machines to be supplied, the Department should consider, on merits, the case of the petitioner also. Having received no reply, this petition was filed. 5. In the reply filed on behalf of respondent No.6, it has been stated that the decision about the requirement of machines in question was taken after due consideration of representation of the petitioner by various experts. The offer of the petitioner was examined by a technical committee but the said offer did not meet the technical requirement and specifications. 6. Respondents No.3 to 5 who are the technical experts have also filed a reply reiterating the stand of respondent No.6. Similar is the stand taken on behalf of respondents No.1 and 2 i.e. State of Punjab and Director, Medical Research and Education. 7. On 23.6.2008, following order was passed:- “Counsel for the petitioner submits that the petitioner is the only manufacturer in India of Teletherapy Cobalt 60 machine which is used for the treatment of cancer. It is also submitted, though at the bar, that the petitioner has already installed the aforesaid machine in ten Premier medical institutions all over the India. The grievance of the petitioner is that, in 2 C.W.P. No.10990 of 2008 the tender notice, which is alleged to have been issued on 30th May, 2008, came to their notice on 19th June, 2008 and is opening on 23.06.2008, the respondents have called for the tender for the imported Teletheraphy Cobalt 60 machine as a result of which they being the only manufacturer of the aforesaid machine in India have been ousted. It is also brought to the notice of this Court that the tender has already been opened today, therefore, at this stage the petitioner cannot participate in the bid. Notice of motion to the respondents for 04.07.2008. Dasti only. In the meantime, process of the tender may carry on but it may not be finalized till the next date of hearing.” 8. The issue being highly technical, this Court cannot substitute its opinion for the opinion of the experts or decision taken by the competent authority, but at the same time, if product of the petitioner is considered to be of equal good quality at much cheaper rate, it may be in public interest to consider the view point of the petitioner, which has been reiterated in the form of replication. 9. Learned counsel for the respondents have no objections to consider the view point of the petitioner on merits and it has been stated that before final decision is taken in the matter, the petitioner will be given a hearing. 10. The petitioner undertakes to appear before the Committee, to be nominated by respondent No.2, on 15.12.2008. 3 C.W.P. No.10990 of 2008 11. After considering the view point of the petitioner, respondents will be at liberty to take a final decision. 12. The writ petition is disposed of. ( ADARSH KUMAR GOEL ) JUDGE November 07, 2008 ( L. N. MITTAL ) ashwani JUDGE 4