IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 WP(C).No. 20814 of 2011(B) -------------------------- PETITIONER(S): --------------------- M/S. PEEKAY MEDIEQUIP LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, G.SANKER, NO.16, VNS GARDEN, RAMAKRISHNAPURAM, THANJAVUR, TAMIL NADU, PIN-613402. BY ADV. SRI.K.RAKESH ROSHAN SRI.S.PARTHASARATHY (CHENNAI) SMT.THUSHARA.V RESPONDENT(S): ------------------------- 1. KERALA MEDICAL SERVICES CORPORATION LTD. REPRESENTED BY ITS MANAGING DIRECTOR, KERALA STATE INSTITUTION FOR HEALTH AND FAMILY WELFARE CAMPUS, THYCAUD, THIRUVANANTHAPURAM,PIN-695014. 2. CHIEF GOVERNMENT ANALYST, DRUG TESTING LABORATORY, THIRUVANANTHAPURAM, PIN-695011. GOVT.PLEADER SMT.RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.20814/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE AGREEEMENT DT 12.10.2009. EXT.P2: TRUE COPY OF THE LAB REPORT DT 28.4.2009. EXT.P2(a): TRUE COPY OF THE LAB REPORT DT 29.4.2009. EXT.P2(b): TRUE COPY OF THE LAB REPORT DATED 29.4.2009. EXT.P3: TRUE COPY OF THE LAB REPORT DATED 27.12.2008. EXT.P3(a): TRUE COPY OF THE LAB REPORT DATED 28/10/2009. EXT.P3(b): TRUE COPY OF THE LAB REPORT DATED 7/11/09. EXT.P3(c): TRUE COPY OF THE LAB REPORT DATED 13/11/10. EXT.P3(d): TRUE COPY OF THE LAB REPORT DATED 9/12/2009. EXT.P3(e): TRUE COPY OF THE LAB REPORT DATED 7/12/2009. EXT.P3(f): TRUE COPY OF THE LAB REPORT DATED 7/12/2009. EXT.P3(g): TRUE COPY OF THE LAB REPORT DATED 20/6/2008. EXT.P4: TRUE COPY OF THE LAB REPORT DATED 30.5.2009. EXT.P5: TRUE COPY OF THE ORDER DT 4/3/2010 OF R-1 //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 20814 OF 2011 ===================== Dated this the 5th day of August, 2011 J U D G M E N T Ext.P5 is the order under challenge in this writ petition. This is a proceedings of the Managing Director of the 1st respondent Company blacklisting the petitioner for a period of five years from 2010-2015. 2. Petitioner was the supplier of disposable syringes to the 1st respondent. It appears that the petitioner had entered into Ext.P1 agreement with the 1st respondent. Complaints were received by the 1st respondent regarding the products supplied by the petitioner. The products were sent to the Government laboratory for quality test and the Government analyst confirmed that the drug was not of standard quality and the reports are referred to at Sl.Nos.8 to 10 of Ext.P5. Order also states that the petitioner was issued a letter dated 13/5/2009 referred at Sl.No.11 of Ext.P5 asking him to show cause and that the petitioner did not respond to the notice. 3. It is further stated in Ext.P5 that in the sampling conducted by the Drugs Control Department pertaining to another WPC No. 20814/11 :2 : batch, report was to the effect that the said batch also was not of standard quality. On that occasion also, petitioner was informed the same and the petitioner did not respond to that letter either. It was on account of the above that by Ext.P5, the petitioner was ordered to be blacklisted. 4. This order reads as under:- “In response to the tender first cited the firm M/s Peekay Mediequip Ltd, Thanjavoor had quoted for supply of Disposable Syringe without Needle 2cc to KMSCL for the year 2008-09 and they were awarded purchase order for the drug as per the reference 2, 3 & 4 read above. Complaints were received from warehouses regarding the batch no:A4392, A4520 and A4683 supplied by them and these batches were sent to the Govt.Laboratory for quality testing. Since the Govt.Analyst, Drug Testing Laboratory confirmed the above sample of the drug as Not of Standard Quality as per report read above as 8 – 10, the supplier was issued notice to adduce reason if any, for not blacklisting the product as per para 11(a) of the tender document vide ref 11 read above. The manufacturer has not responded for this letter till date. And one more batch of the product (Batch No.A4498) was declared as Not of Standard Quality (ref:12) by Govt. analyst DTL, Thiruvananthapuram on statutory sampling conducted by the Drugs Control Department. The manufacturer was WPC No. 20814/11 :3 : informed about the same as per the reference 14 read above but the manufacturer has not responded to this office letter till date. Since four batches of the product (Batch No.A4392, A4520, A4683 and A4498) were declared as Not of Standard Quality by appellate laboratory, DTL, TVPM, and the supplier has not responded to the above notices, it is presumed that they have no valid reason to adduce. As per the reasons stated above, I Dr.Dinesh Arora, IAS, Managing Director, Kerala Medical Services Corporation Ltd., and the Tender Inviting Authority in exercise of the powers conferred upon me as in Clause 8 of the tender document hereby Blacklist the product Disposable Syringe without Needle 2cc manufactured by Peekay Mediequip Ltd, 16 VNS garden, Ramakrishnapuram Thanjavoor for a period of five years ie. 2010-2015, and declare that the firm to be ineligible to participate in any of the tenders floated by Kerala Medical Services Corporation for the particular item of Disposable Syringe without Needle 2cc for the above period”. 5. There is no specific averment in the writ petition that notice issued to the petitioner bringing to their notice that the product supplied by them were not of standard quality were replied by the petitioner. If that be so, the allegations stood uncontroverted and for that reason itself , Ext.P5 order cannot be said to be vitiated for any reason. WPC No. 20814/11 :4 : 6. That apart, Ext.P5 order is dated 4/3/2010 and the petitioner has chosen to challenge this order only at this distance of time and that too without assigning any cogent reason explaining the delay that has occurred. 7. I do not find any merit in the writ petition. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp