IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 WP(C).No. 13770 of 2004(L) ---------------------------------------- PETITIONER: --------------------- M/S. AVANTEC MEDICAL SYSTEMS (P) LTD., REPRESENTED BY ITS MANAGING DIRECTOR, 14 R.V.NAGAR 5TH CROSS, ANNA NAGAR (EAST), CHENNAI-600 102. BY ADV. SRI.N.NANDAKUMARA MENON (SR.) RESPONDENTS: ------------------------- 1. SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES & TECHNOLOGY, THIRUVANANTHAPURAM-695 011, REP.BY ITS DIRECTOR. 2. DR.MOHANDAS, DIRECTOR, SREE CHITHRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES AND TECHNOLOGY, THIRUVANANTHAPURAM-11. 3. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY,MINISTRY OF SCIENCE AND TECHNOLOGY, NEW DELHI. 4. THE DIRECTOR, CENTRAL BUREAU OF INVESTIGATION, NEW DELHI. 5. AGFA INDIA (P) LTD., BAYER HOUSE, CENTRAL AVENUE, HIRANANDANI GARDENS, POWAI, MUMBAI-400 076. BY ADV. SRI. T.R. RAVI – R1 & R2 BY SRI.M.V.S.NAMBOOTHIRI, SC, CBI - R4 BY SRI.P.PARAMESWARAN NAIR, ASST.S.G.- R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.13770/2004 L APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE TENDER NOTIFICATION TENDER/IMP/2002-03/5 DTD. 1/11/2002 ISSUED BY THE 1ST RESPONDENT. EXT.P2: COPY OF THE LETTER NO.005/IMP/2002-03/5-P DTD. 13/12/2002 INFORMING THE PETITIONER THAT THE DATE OF SUBMISSION OF TENDERS HAS BEEN POSTPONED TO 1 P.M. ON 21/1/2003 AND THAT THE TENDERS WILL BE OPENED ON THE SAME DAY AT 2.P.M. EXT.P2(A): COPY OF THE THOSE TECHNICAL SPECIFICATIONS ATTACH TO EXHIBIT P2. EXT.P3: COPY OF THE LETTER AVANTNET/SCT/MST/PACS/030121 DTD. 20/01/2003 SUBMITTED BY THE PETITIONER COMPANY TO THE SECOND RESPONDENT. EXT.P4: COPY OF THE DETAILS OF THE CONTENTS OF THE TECHNICAL BID NO.TENDER/IMP/2002-03/5-Q DTD. 1/11/2002 SUBMITTED BY THE COMPANY PURSUANT TO THE TENDER NOTIFICATION. EXT.P5: COPY OF THE LETTER NO.AVANTNET/SCT/MST/PACS/030121 DTD. 20/05/2003 SENT BY THE PETITIONER COMPANY TO THE SECOND RESPONDENT ALONG WITH THE COMMERCIAL BID. EXT.P6: COPY OF THE LETTER DTD. 9/02/2004 TENDER /005/IMP/2002-03/ 5-Q ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P7: COPY OF THE LETTER PROPOSED CONFIGURATION FOR THE PACS AT SCTIMST WAS HANDED OVER TO THE MANAGING DIRECTOR OF THE COMPANY BY THE SYSTEMS MANAGER OF THE 1ST RESPONDENT INSTITUTE. EXT.P8: COPY OF THE AADVERTISEMENT THAT HAS APPEARED IN THE NEWS PAPER TIMES OF INDIA ENGLISH DAILY DTD. 21/04/2004. EXT.P9: COPY OF THE DETAILS OF THE OFFER MADE BY THE PETITIONER COMPANY AND THE 5TH RESPONDENT WITH REGARD TO THE VARIOUS EQUIPMENTS AND OTHER INFRASTRUCTURAL FACILITIES REQUIRED FOR IN EXHIBIT P7 ARE SHOWN IN A COMPARATIVE CHART. Kss ..2/- ..2.... WPC.NO.13770/2004 L EXT.P10: COPY OF THE QUOTATION SUBMITTED BY THE PETITIONER COMPANY TENDER REFERENCE NO.TENDER/IMP/2002-03/5-0 DTD. 1/11/2002 ISSUED BY THE SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCE TECHNOLOGY, TRIVANDRUM, INDIA – 695 011. EXT.P11: COPY OF THE LETTER REF.AVANTNET/SCTIMST/PACS/ 030826 DTD. 26/08/2003 ISSUED BY THE M.ACHUTHAN, PRESIDENT & CEO. EXT.P12: COPY OF THE LETTER DTD. 4/09/2003 ISSUED BY THE DR.A.K.GUPTA, SREE CHITRA TIRUNAL INSTITUTE, TRIVANDRUM TO THE PETITIONER COMPANY. EXT.P13: COPY OF THE LETTER NO.IND4/031025015/STUDY REPORT DTD. 25/10/2003 SUBMITTED BY THE PETITIONER COMPANY ALONG WITH THE STUDY REPORT TO THE 1ST RESPONDENT INSTITUTE. EXT.P14: COPY OF THE REPORT NO.IND4/031025015/STUDY REPORT SUBMITTED BY THE PETITIONER IS A VERY VOLUMNESS DOCUMENT. EXT.P15: COPY OF THE LETTER NO.IV/SCT/030708 DTD. 8/07/2003 SENT TO THE HEAD OF THE DEPARTMENT OF RADIOLOGY OF THE INSTITUTE BY THE CHIEF EXECUTIVE OFFICER OF THE PARENT COMPANY NAMELY VEPRO GERMANY INFORMING ABOUT THE PRESENTATION ON 23/07/2003. EXT.P16: COPY OF THE SYSTEMS STUDY REPORT FOR PACS IMPLEMENTATION SUBMITTED BY THE PETITONER COMPANY BEFORE THE SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES AND TECHNOLOGY, TRIVANDRUM. EXT.P17: COPY OF THE COMPARATIVE TABLE QUOTATION GIVEN BY THE 5TH RESPONDENT AS PER EXHIBIT P7 AND ALSO THE QUOTATION GIVEN TO THE GERMAN HOSPITAL. EXT.P18: COPY OF THE QUOTATION GIVEN BY THE 5TH RESPONDENT TO THE GERMAN HOSPITAL. Kss ...3/- ...3.... WPC.NO.13770/2004 L EXT.P19: COPY OF THE LETTER DTD. 8/3/2004 SENT BY THE PARENT COMPANY TO THE DIRECTOR, SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES AND TECHNOLOGY. EXT.P20: COPY OF THE CERTIFICATE FOR QUALITY ASSURANCE EN ISO 9001/12-2000 ISSUED BY THE DEKRA-ITS CERTIFICATION SERVICES GMBH STUTTGART-8-1-2004. EXT.P21: COPY OF THE CERTIFICATE FOR QUALITY ASSURANCE SYSTEM ANNEX II, SECTION 3 OF THE DIRECTIVE 93/42/EEC CE 0124 ISSUED BY THE DEKRA-ITS CERTIFICATION SERVICE GMBH STUTTGART,12-2-2004. EXT.P22: COPY OF THE CERTIFICATE FOR EUROCAT INSTITUTE FOR CERTIFICATION AND TESTING CE 0535 ISSUED BY THE HEAD OF CERTIFICATION BODY, ROBDORT, DECEMBER 21,1998. EXT.P23: COPY OF THE CERTIFICATE FOR ANNEX TO THE CERTIFICATE 50892-16-00 DTD. 12/02/2004 DEVICES/DEVICE CATEGORIES IN THE CERTIFICATE. EXT.P24: COPY OF THE COMPARATIVE CHART SHOWING THE PRICES OF THE HARDWARE AND SOFTWARE COMPONENTS EARLIER OFFERED BY THE 5TH RESPONDENT AS PER EXHIBIT P1 AND THAT WERE OFFERED ON THE BASIS OF EXHIBIT P7 AGFA'S ORIGINAL PRICE Vs.FINAL NEGOTIATED PRICE. RESPONDENT' S EXHIBITS: EXT.R5(A): COPY OF THE PURCHASE ORDER DTD. 20/03/2004 FOR THE SUPPLY OF PACS WAS ISSUED TO THIS RESPONDENT. EXT.R5(B): COPY OF THE INVOICE DTD. 18/05/2004 OF AGFA SINGAPORE PTE.LTD. EXT.R5(C): COPY OF THE PURCHASE ORDER DTD. 21/03/2004 (MISSING LAST PAGE). RESPONDENT'S ANNEXURE: ANNEXURE R3(A): COPY OF THE ENQUIRY REPORT. /TRUE COPY/ P.A.TO JUDGE Kss S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.13770 OF 2004 ---------------------------------------- Dated this the 9th day of June, 2008 JUDGMENT The petitioner was an aspirant for award of a contract, who applied pursuant to Ext.P1 tender notification. The contract was awarded to the 5th respondent. The petitioner has approached this Court alleging malpractice in the award of the contract. The petitioner sought the following reliefs in this writ petition. “i. To issue a writ of mandamus or other appropriate writ order or direction declaring the award of contract for the supply of medical hardware and medical software for the 'Picture Archival and Communication System'(PACS) to the 5 th respondent Company by the 1 st respondent on the basis of Exhibit-P1 tender notification and on the basis of the technical negotiation conducted as per Exhibit-P6 notice as illegal and void; ii. To issue a writ of mandamus or other appropriate writ order or direction commanding respondents 1 & 2 to award to the petitioner Company the contract for supply of medical hardware and medical software for the 'Picture Archival and Communication System' (PACS) on the basis of Exhibit-P1 notification and Exhibits- P6 notice; W.P.(c)No.13770/04 2 iii. To issue a writ of mandamus or other appropriate writ order or direction directing the 4 th respondent to conduct a detailed enquiry regarding the circumstances under which the award of contract for the supply and installation of medical hardware and medical software system in the 1 st respondent institute to the 5 th respondent Company on the basis of Exhibit-P1 happened to be granted by respondents 1 and 2.” The petitioner could not obtain a stay in this writ petition. Therefore, the contract was awarded to the 5th respondent and they executed the contract also. The petitioner now presses for the 3rd prayer for an enquiry into circumstances under which the award of the contract happened to be granted to the 5th respondent by respondents 1 and 2. This Court had, by an interim order dated, 5.7.2004, directed the 3rd respondent to conduct an enquiry and file a report. The 3rd respondent has conducted the enquiry and filed Ext.R3(a) report finding that the award of contract in favour of the 5th respondent was proper. The petitioner disputes the correctness of that report. W.P.(c)No.13770/04 3 I am not inclined to go into the question in this writ petition now. If the petitioner is still aggrieved, they may move the appropriate Criminal Court for appropriate reliefs. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.13770/04 4