IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 23RD AUGUST 2011 / 1ST BHADRA 1933 WP(C).No. 22941 of 2011(P) -------------------------- PETITIONER(S): --------------- M/S.KWALITY PHARMACEUTICALS PVT. LTD., 6TH MILE STONE, NAG KALAN, MANJITHA ROAD, AMRITSAR-143601, REP. BY ITS AUTHORIZED SIGNATORY PRAVEEN KUMAR, S/O.HANSRAJ JAIN, BBC SPRING FILED APARTMENT, BLOCK A, 58 E V K SAMPATH ROAD, VEPERY, CHENNAI-600007. BY ADV. SRI.M.RAMESH CHANDER SMT.K.A.SANJEETHA RESPONDENT(S): --------------- KERALA MEDICAL SERVICE CORPORATION LTD., THYCAUD P.O., THIRUVANANTHAPURAM-695014, REP. BY ITS MANAGING DIRECTOR. BY SRI.M.AJAY, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.22941/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE TENDER NOTIFICATION. P2 COPY OF THE NOTICE DT 6.7.11. P3 COPY OF THE NOTICE DT 22.7.11. P4 COPY OF THE DT 18.8.11. P5 COPY OF THE INSPECTION REPORT DT 10.8.11. P6 COPY OF THE CERTIFICATE DT 8.6.11. P7 COPY OF THE CERTIFICATE DT 27.6.11. // True Copy // P.A. To Judge ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 22941 of 2011 P ``````````````````````````````````````````````````````````` Dated this the 23rd day of August, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ The first respondent is a Government company, which has invited tenders by publishing Ext.P1 tender notice. In response to Ext.P1, petitioner submitted a tender, offering its products. Petitioner submits that, it was prequalified in the technical bid. It is stated that thereafter, the price bids were opened and they were also called for negotiation. However, subsequently, based on Ext.P5, a report of inspection dated 10.08.2011, without giving them any opportunity to rebut the recommendations made therein, Ext.P4 was issued by the respondent on 18.08.2011, rejecting the petitioner's tender. It is aggrieved by the above action of the respondent, the writ petition has been filed. 2. The learned Standing Counsel for the respondent has obtained instructions in the matter. According to the learned Standing Counsel, the tender submitted by the W.P.(C) No.22941/2011 : 2 : petitioner was considered without inspecting their manufacturing facility, for the reason that the facilities were inspected in the previous years. It is stated that thereafter, certain complaints were received and based on the complaints, an inspection team was deputed and the factory was inspected and Ext.P5 report of inspection was obtained. It is submitted that such steps taken by the respondent are fully in compliance with the conditions in Ext.P1 tender notice. According to the counsel, based on the recommendation made by the inspection team, Ext.P4 order of rejection was issued. 3. Evidently therefore, as a result of Ext.P5 report of inspection, tender which was accepted by the respondent is now rejected. The said process was completed without giving the petitioner an opportunity to contradict the recommendations made by the inspection team. In view of the provision contained in clause 1.9 of Ext.P1 tender notice, the petitioner ought to have been given a notice and an W.P.(C) No.22941/2011 : 3 : opportunity to contradict the recommendations of the inspection team. Since, admittedly, that was not given, the rejection now ordered is unsustainable. In that view of the matter, I dispose of this writ petition with the following directions:- That Ext.P4 notice of rejection and Ext.P5 report of the inspection team will be treated as a notice to the petitioner and it will be open to the petitioner to appear before the respondent on 25.08.2011 between 10 AM and 12 noon along with the objections to Exts.P4 and P5. Thereupon, the respondent shall hear the petitioner, consider the objections raised and pass fresh orders in the matter. It is directed that, until the said process is completed, status quo as on date shall be maintained in so far as the 29 items offered by the petitioner is concerned. Sd/- (ANTONY DOMINIC, JUDGE) aks/23/08 // True Copy // P.A. To Judge