IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 WP(C).No. 14199 of 2011(Y) -------------------------- PETITIONER(S): --------------- M/S.MODERN LABORATORIES, NO.45, SECTION D-2, SANWER ROAD, INDUSTRIAL AREA, INDORE-425 105, MADHYA PRADESH REPRESENTED BY ITS PARTNER SRI.ARUN KHARIA. BY ADV. SRI.SHAJI P.CHALY SMT.K.JASMIN BABY SRI.R.SANJITH RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HEALTH GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA STATE MEDICAL SERVICES CORPORATION LTD., NEAR WOMEN'S HOSPITAL THAYCAUD, TRIVANDRUM, PIN-14, REPRESENTED BY ITS MANAGING DIRECTOR. SC SRI.M.AJAY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J ....................................................... W.P.(C).14199/2011 .............................................. Dated this the 26th day of May, 2011 JUDGMENT Petitioner is stated as a regular supplier of medicines to the State of Kerala and in particular to the second respondent, to be distributed to several Government institutions through out the State. 2. The grievance of the petitioner is that, for some wrong and unsustainable grounds, the petitioner happened to be blacklisted in the State of Karnataka vide Ext.P1 order. This in turn, has been taken as a bar with regard to the eligibility of the petitioner to be considered in competing the tender floated by the respondents herein, as per the relevant clauses contained in the tender conditions, the relevant portion of which has been produced and marked as Ext.P7. Blacklisting of the products and the Company/Concern is separately dealt with, under clause 5.2.4 and 5.2.5 respectively, which are extracted below:- 5.2.4 - Tender should not be submitted for the produce/products which has been blacklisted by KMSCL or blacklisted/debarred by any other W.P.(C).14199/11 2 State/Central Government's organization 5.2.5 - Concern/Company which has been blacklisted by Tender inviting Authority or blacklisted/debarred by any State Government or Central Government Organization should not participate in the tender during the period of blacklisting. 3. In view of the said provision it is apprehended that the petitioner would be ousted from the arena, in spite of the fact that Ext.P1 order blacklisting the petitioner has already been stayed by the High Court of Karnataka, as per Ext.P2 order dated 20.4.2011. 4. Heard the learned Standing Counsel appearing for the second respondent as well as the learned Government Pleader appearing for the first respondent. 5. In the view of the submissions made as above, this Court finds that the eligibility of the petitioner to compete in the tender proceedings has of course, to be considered on merit, in view of Ext.P2 interim order of stay granted by the High Court of Karnataka. W.P.(C).14199/11 3 6. The learned Standing Counsel for the second respondent submits that in view of the interim order passed by the High Court of Karnataka, confining blacklisting of two products, the case of the petitioner can also be considered, subject to the condition that the petitioner brings to the notice of the concerned respondent, as to the further orders, if any, passed by the High Court of Karnataka, forthwith. 7. In the above circumstances, this Court finds that there is no bar to the second respondent for considering the claim/candidature of the petitioner in respect of the tender already floated by the second respondent for the products other than the two items covered by Ext.P2 order. Further steps pursuant to Ext.P4 judgment passed by this Court in favour of the petitioner, enabling the petitioner to contest the tender could be proceeded with, in accordance with law. Writ petition is disposed of as above. P.R.RAMACHANDRA MENON, Judge mrcs