Kerala High Court
K.A.Nizar vs The Flag Officer on 31 January, 2026
WP(C) Nos. 21808 OF 2023 & 702 of 2022
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2026:KER:8902
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
SATURDAY, THE 31ST DAY OF JANUARY 2026 / 11TH MAGHA, 1947
WP(C) NO. 21808 OF 2023
PETITIONER:
K. A. NIZAR,
AGED 60 YEARS
S/O. LATE K.A. ABOOBACKER, KARUKAPADATH HOUSE,
CHAKKARAPARAMBU, THAMMANAM P.O, ERNAKULAM DISTRICT, MANAGING
PARTNER, KARUKAPADATH MEDICALS, CHAKKARAPARAMBU, THAMMANAM
P.O, KOCHI, PIN - 682032
BY ADVS.
SMT.VAISAKHI V.
SRI.BABU KARUKAPADATH
SMT.M.A.VAHEEDA BABU
SHRI.P.U.VINOD KUMAR
SMT.ARYA RAGHUNATH
SRI.T.M.MUHAMMED MUSTHAQ
SRI.AJWIN P LALSON
SHRI.KARUKAPADATH WAZIM BABU
SMT.P.LAKSHMI
SMT.AYSHA E.M.
SMT.SHIFANA KAISE
RESPONDENTS:
1 THE FLAG OFFICER, COMMANDER IN CHIEF, FOR CMO/CSO (P&A),
HEAD QUARTERS, SOUTHERN NAVEL COMMAND, KOCHI, PIN - 682004
2 THE STATION COMMANDER,
STATION HEAD QUARTERS, ECHS (NAVY), INS VENDURUTHI, NAVAL
BASE, KOCHI, PIN - 682004
3 ECHS POLYCLINIC,
KOCHI, REPRESENTED BY THE OFFICER IN CHARGE, PIN - 682004
4 PRADHAN MANTRI BHARATIYA JANAUSHADHI KENDRA,
60/1462, AMRITA TRADE TOWERS, S.A. ROAD, PALLIMUKKU,
WP(C) Nos. 21808 OF 2023 & 702 of 2022
2
2026:KER:8902
ERNAKULAM , REPRESENTED BY ITS MANAGING DIRECTOR/PROPRIETOR,
PIN - 682016
5 GOVERNMENT OF INDIA, MINISTRY OF DEFENCE,
DEPARTMENT OF EX-SERVICEMEN WELFARE, ROOM NO.221, BWING,
SENA BHAVAN, NEW DELHI, REPRESENTED BY ITS UNDERSECRETARY,
PIN - 110011
6 CENTRAL ORGANISATIONS,
ECHS, ADJUTANT GENERAL'S BRANCH, INTEGRATED HEAD QUARTERS,
MINISTRY OF DEFENCE (ARMY), MOUDE LINES, REPRESENTED BY ITS
JOINT DIRECTOR(MED), PIN - 110010
BY ADV SHRI.SUVIN R.MENON, SENIOR PANEL COUNSEL
SMT CRISTY TERESA SURESH FOR R5
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.01.2026, ALONG WITH WP(C).702/2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(C) Nos. 21808 OF 2023 & 702 of 2022
3
2026:KER:8902
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
SATURDAY, THE 31ST DAY OF JANUARY 2026 / 11TH MAGHA, 1947
WP(C) NO. 702 OF 2022
PETITIONER:
K.A.NIZAR
AGED 59 YEARS
LATE K.A.ABOOBACKER, KARUKAPADATH HOUSE, CHAKKARAPARAMBU,
THAMMANAM P.O., ERNAKULAM DISTRICT, PIN-682 032, MANAGING
PARTNER, KARUKAPADATH MEDICALS, CHAKKARAPARAMBU, THAMMANAM
P.O., KOCHI-682 032
BY ADVS.
SRI.BABU KARUKAPADATH
SMT.M.A.VAHEEDA BABU
SHRI.P.U.VINOD KUMAR
SMT.ARYA RAGHUNATH
SRI.T.M.MUHAMMED MUSTHAQ
SHRI.MOHAMED HISHAM P
SHRI.KARUKAPADATH WAZIM BABU
SMT.P.LAKSHMI
SMT.AISWARYA ANN JACOB
RESPONDENTS:
1 THE FLAG OFFICER
COMMANDER IN CHIEF, FOR CMO/CSO(P & A) HEAD QUARTERS,
SOUTHERN NAVEL COMMAND, KOCHI-682 004
2 THE STATION COMMANDER,
STATION HEAD QUARTERS, ECHS (NAVY) INS VENDURUTHI, NAVAL
BASE, KOCHI-682 004
3 ECHS POLYCLINIC
KOCHI-682 004, REPRESENTED BY THE OFFICER IN CHARGE
4 ECHS POLYCLINIC,
MUVATTUPUZHA, NEAR MINI CIVIL STATION, MUDAVOOR P.O.,
MUVATTUPUZHA-686 669, ERNAKULAM DISTRICT, REPRESENTED BY THE
OFFICER IN CHARGE
WP(C) Nos. 21808 OF 2023 & 702 of 2022
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5 PRADHAN MANTRI BHARATIYA JANAUSHADHI KENDRA,
60/1462, AMRITA TRADE TOWERS, S.A.ROAD, PALLIMUKKU,
ERNAKULAM ,PIN-682 016, REPRESENTED BY ITS MANAGING
DIRECTOR, PROPRIETOR
6 GOVERNMENT OF INDIA,
MINISTRY OF DEFENCE, DEPARTMENT OF EX-SERVICEMEN WELFARE,
ROOM NO.221, B WING, SENABHAVAN, NEW DELHI-110 011,
REPRESENTED BY ITS UNIVERSITY
7 CENTRAL ORGANISATIONS,
ECHS, ADJUTANT GENERALS BRANCH, INTEGRATED HEAD QUARTERS,
MINISTRY OF DEFENCE (ARMY) MOUDE LINES, CANTT 110010,
REPRESENTED BY ITS JOINT DIRECTOR (MED)
BY ADVS.
SHRI.JAISHANKAR V.NAIR, SENIOR PANEL COUNSEL
SRI.T.GOPALAKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.01.2026, ALONG WITH WP(C).21808/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos. 21808 OF 2023 & 702 of 2022
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JUDGMENT
[W.P.(C) Nos. 702 of 2022 and 21808 of 2023] These two writ petitions are filed by the same petitioner, who is stated to be a chemist/ druggist in Kochi, seeking to challenge the action of respondents 1 to 4 in proceeding to procure life-saving drugs from the 5th respondent herein during the currency of Exts.P3 and P4 agreements entered into by the petitioner.
2. Short facts necessary for the disposal of these writ petitions are noticed as under:
The 3rd respondent is the Ex-Servicemen Contributory Health Scheme (ECHS) Polyclinic, Kochi, and the 4th respondent is the ECHS Polyclinic, Muvattupuzha, coming under the jurisdiction of respondents 1 and 2. They are essentially rendering medical facilities to Ex-Servicemen from Navy, Army and Air Force. The polyclinics referred to above require various medicines, including life-saving drugs, in the course of their activities. Such medicines are being purchased/procured from the market. This is usually carried out on the basis of certain invitation/tender process, as evidenced by Exts.P1 and P2. Ext.P1 is the tender with reference to supply for the ECHS at Kochi, and Ext.P2 is the tender with respect WP(C) Nos. 21808 OF 2023 & 702 of 2022 6 2026:KER:8902 to the proposed supply for ECHS, Muvattupuzha. The petitioner participated in the tender process in response to Exts. P1 and P2.
Ultimately, the petitioner being the lowest tenderer, the agreements at Exts.P3 and P4 were entered into for the period 13.01.2020 to 13.01.2022 as regards ECHS, Kochi, and 23.03.2021 to 23.03.2023 as regards ECHS, Muvattupuzha, respectively.
3. The petitioner states that there was a decline in procurement as noticed with reference to the invoices being raised by him for the period from September 2021 onwards. Therefore, when he made enquiries, the petitioner came to realise that respondents 3 and 4 were independently procuring the life savings drugs from the 5th respondent herein, during the currency of Exts.P3 and P4. Though a complaint at Ext.P11 was preferred, insofar as no corrective steps were taken, the petitioner has instituted W.P.(C) No.702 of 2022, seeking the following reliefs:
"i) Issue a writ of certiorari or other appropriate writ, order or direction quashing/setting aside Exhibit P12 and P13 to the extent to which it provides that the Jan Aushadhi stores may be considered as deemed empanelled with ECHS, without providing for any process of calling for competitive Tenders by the 1st and 2nd respondents for procuring medicines and consumables;
ii) declare that clause (e) in Exhibit P12 and P13 which WP(C) Nos. 21808 OF 2023 & 702 of 2022 7 2026:KER:8902 provides the Jan Aushadhi stores may be considered as deemed empanelled with ECHS without providing for any process of calling for competitive Tenders by the 1 st and 2nd respondents for procuring medicines and consumables, as illegal, arbitrary, unreasonable and do not have any intelligible differentia with the object sought to be achieved, ⅲ) Declare that the Willingness Letter/Memorandum of Understanding, if any, given by the 5 th respondent for supplying medicines and consumables to the 1 st and 2nd respondents without participating in the competitive Tender, is void;
iv) issue a writ of mandamus or other appropriate writ, order or direction directing the respondents 1 to 4 to stop the practice of procurement of Medicines and Consumables for the 3rd and 4th respondents, from the 5th respondent during the period of contract with the petitioner for the very same purpose/job, as per Exhibits P1 and P2;
v) issue a writ of mandamus or other appropriate writ, order or direction directing the respondents 1 to 4, not to satisfy the requirements of Medicines and consumables of the respondents 3 and 4 from any other one, other than the petitioner during the period of contract with the petitioner for the said purpose, based on Exhibits P1 and P2 Agreements validly executed and subsisting.
vi) Direct the 2nd respondent to procure the whole requirements of Medicines and consumables of the respondents 3 and 4 from the petitioner during the tenure of contract for the same with the petitioner;
vii) Direct the 2nd respondent to favorably consider Exhibit P11 and take immediate favourable action:
WP(C) Nos. 21808 OF 2023 & 702 of 2022 8 2026:KER:8902
4. Later, the petitioner has also instituted W.P.(C) No.21808 of 2023 seeking the following reliefs:
i) issue a writ of mandamus or other appropriate writ, order or direction to the 1st and 2nd respondents to float fresh competitive tenders for procuring medicines and consumables to the 3rd respondent and all other ECHS Polyclinics under them and finalize the tender process by comparing the quote given by Jan Aushadhi Stores including the 4th respondent, with L1 Tenderer;
ii) issue a writ of mandamus or other appropriate writ, order or direction to the 1st and 2nd respondents, on floating such fresh competitive tenders for procuring medicines and consumables to all ECHS Polyclinics under them including the 3rd respondent, empanelment of local chemists shall be done by comparing the discount offered by CGHS authorized chemists/ Jan Aushadhi Stores including the 4th respondent, with that is offered by L1 vendor of the TE, by finalizing it in favour of the lowest alone."
5. A counter affidavit has been filed with reference to the prayers/contentions in W.P.(C) No.702 of 2022. Though Smt.Christy Theresa Suresh, representing Sri. Jaiasankar V. Nair, Senior Panel Counsel seeks a short adjournment for filing a counter affidavit as regard to W.P.(C) No.21808 of 2023, in view of the manner in which this writ petition is proposed to be disposed of, I am of the opinion that no separate counter affidavit is required in this writ petition. WP(C) Nos. 21808 OF 2023 & 702 of 2022 9 2026:KER:8902
6. I have heard Smt.M.A.Vaheeda Babu, learned counsel for the petitioner in these writ petitions. She would contend that the actions of respondents 1 to 4 in independently procuring the medicines from the 5th respondent during the currency of Exts.P3 and P4 was without any justification. She would also contend that the reliance placed by the respondents on Annexure R1(a), which is same as Ext.P12 in W.P.(C) No.702 of 2022, was unfounded.
7. Per contra, Smt.Christy Theresa Suresh, on behalf of respondents 1 to 4, would contend with reference to Exts.R1(a) and R1(b), that they were justified in making independent procurement from the 5th respondent herein.
8. Therefore, the short point arising for consideration in this writ petition is as regards the justifiability of the procurement effected by respondents 3 and 4 from the 5th respondent.
9. For a resolution of the afore issue, reference requires to be made to the tender at Ext.P1. The relevant clauses of Ext.P1, read as under:-
"1. Bids in sealed covers are invited for empanelment of local chemist for supply of emergent, life saving and essential drugs/medicines to ECHS Polyclinic, Naval Base, Kochi - 682004 for a period of two years commencing from the date of commencement of the WP(C) Nos. 21808 OF 2023 & 702 of 2022 10 2026:KER:8902 contract. Bidders are to quote the percentage discount that can be offered on all medicines and consumable medical stores required for the ECHS Polyclinic with a minimum QR discount of 15% on the 'Maximum Retail Price(MRP) inclusive of all taxes' OR at Jan Aushadi discount rates whichever is highest. The Tenderer is to quote an overall discount figure irrespective of the quantity or number of individual drug required to be supplied. Please Super scribe the above mentioned Title, Tender Enquiry number and date of opening of Bids on the sealed covers to avoid the Bid being declared invalid"
....
"1.Eligibility Criteria
(a) The Chemist should hold valid license as on date of submission of Bid (Continuously for two years 2019-20, 2020-21) in specific forms (Form 20, 20-B, 21, 21-B and 21- C) issued by the Drug Control Authority of the State under the provision of Drugs and Cosmetics Act 1940. The successful bidder will further ensure that their license remain valid on the date of bid opening and till the end of the contract period.
(b) The Chemist must not have been convicted by the State Drug Control Authority and no case should be pending under the Drug and Cosmetics Act and Rules.
(c) The vendor must have a local office with sales representative within the city of Kochi/Ernakulum to ensure prompt and timely supply of drugs/medical stores to the polyclinic.
(d) Latest Tax paid Challan with no dues should be available with the bidder.
WP(C) Nos. 21808 OF 2023 & 702 of 2022 11 2026:KER:8902
(e) Jan Aushadhi stores empaneled chemists will be given preferences (Bureau of Pharmacy, PSU under Govt of India) in the case of a tie between the quoted rates by the other vendors and the Jan Aushadhi Stores/Chemists.
....
4. Scope of Empanelment. The proposed empanelment of chemist will be an agreement between the purchaser and the bidder who offers highest percentage of discount over the MRP inclusive of all taxes of drugs and consumable medical stores to be supplied to the ECHS Polyclinic, Kochi at specified terms and conditions during the period of contract. Empanelment of chemist will be in the form of a standing offer and neither any quantity nor any anticipated drawal is guaranteed. As it is a standing offer, buyer can revoke it at any time after giving a reasonable notice (at least 60 days in advance) and opportunity. However, once the supply order is placed on the supplier for supply of a definite quantity in terms of the agreement during its validity period that supply order becomes a valid and binding contract and the supplier will be bound to supply the ordered quantity."
10. Similarly, reference also requires to be made to the communication at Annexure R1(a) dated 25.06.2018, where under paragraph 4(e) it is stated as under:-
"The Jan Aushadhi stores may be considered as deemed empanelled with ECHS as Jan Aushadhi stores are essential component of Prime Minister Jan Aushadhi Scheme."
WP(C) Nos. 21808 OF 2023 & 702 of 2022 12 2026:KER:8902
11. Similarly, Annexure R1(b) communication dated 22.08.2017, issued by the Government of India, Ministry of Defence, also requires to be noticed as under:
"19 The Board of Officers will invite Tenders through advertisement in the local press and e-procurement portal from local medical stores/chemists for empanelment with ECHS Polyclinic. The Board will check the Technical parameters as per Tender Enquiry. The Board will arrive of L1 Vendor based on maximum overall amount of discount on MRP for all the drugs to be supplied with a minimum OR of 15%. The tenders will quote an overall discount figure irrespective of the quantity or number of individual drugs. The Board will consider parallel rate contract with L2 and L3 vendors and include their names in recommendation if those vendors agree to the L1 rates. The Board of Officers will submit a recommended list of local medical stores/chemists to the Station Commander for approval. The Contract will be signed with the approved local medical stores/chemists by Stn.HQs for a period of two years. The detailed terms and conditions, formats of Tender Enquiry and Contract will be based on CGHS TE and contract of Local Chemist. All CGHS Authorised Chemists in the same city will be considered as deemed empanelled i.e, need not participate in TE but sign the contract with Stn Cdr.
20. When an drug prescribed by the Medical Officer in the ECHS Polyclinic is 'not available' as confirmed from the stock in the medical store of polyclinic, the Officer in charge WP(C) Nos. 21808 OF 2023 & 702 of 2022 13 2026:KER:8902 Polyclinic will raise a demand to the empanelled local medical store/chemist. The demand will be supported by prescription signed by the Medical Officer managing the case. In all such cases, the Medical Officer will ensure that there are no other substitutes available in the Polyclinic medical store in lieu of the drug required. Branded drug will be prescribed with due medical justification only. On receipt of the demand, the empanelled local medical store chemist will supply the required drug to the Polyclinic. The indents will be preferably raised online to the empanelled local chemists and timelines as per CGHS contracts will be followed."
12. A reading of Ext.P1, would show that the bids are being invited for the supply of essential drugs/medicines to the concerned ECHS polyclinic for a period of two years. The bidders are required to provide the percentage of discount, which they are ready to offer.
The discount which the bidder is required to offer is also specifically referred to in paragraph 1 of Ext.P1, with reference to the discount that is being offered by Jan Aushadhi Stores. It is thereafter, the highest offer with reference to the discount being offered by Jan Aushadhi Stores is being considered while awarding the contract.
Under the eligibility criteria forming part of Ext.P1, it is stated that the Jan Aushadhi Stores/empanelled chemist, will be given preference in the situation stated therein. The situation which is WP(C) Nos. 21808 OF 2023 & 702 of 2022 14 2026:KER:8902 mentioned in Ext.P1, which would entitle the Jan Aushadhi Stores to be given preference is only in a situation where there is a tie between the rate quoted by the petitioner (L1 in the current case) and the Jan Aushadhi Store in question. Here, the 5th respondent has no case that he had made an offer at the time of issuance of Exts.P1 and P2. Therefore, I am of the opinion that the 5 th respondent herein cannot come into the picture at all.
13. The contention raised by respondents 1 to 4 on the basis of the contents of Annexure R1(a) dated 25.06.2018 would also not be helping them, since what is stated therein is that the Jan Aushadhi Stores may also be considered as being empanelled with the ECHS since they are essential components of the Prime Minister Jan Aushadhi Scheme. But Annexure R1(a) or for that matter, Annexure R1(b) do not state that even after a tender has been entered into pursuant to Ext.P1 and P2, procurement can be independently affected from Jan Aushadhi Stores. Similarly, reference also requires to be made to the contents of Ext.P16 dated 29.08.2017, relied on by the respondents 1 to 4. A reading of clauses 19 and 20 of the earlier letter dated 25.11.2023, which stood amended by Ext.P16, would show that the polyclinic (ECHS concerned) requires to make procurement from the empanelled WP(C) Nos. 21808 OF 2023 & 702 of 2022 15 2026:KER:8902 local medical stores/chemist in a situation where there are no other substitutes available in the polyclinic medical stores. The afore paragraphs also do not provide that procurement can be independently affected from the 5th respondent even during the currency of an agreement in the nature of the one at Exts.P3 and P4. Though the counsel for respondents 1 to 4 also sought to rely on Annexures R5(c) and R5(d) to state that the procurement can be effected from the 5th respondent on the basis of "willingness"
procured from them, I notice that the question of obtaining a willingness from the 5th respondent does not arise at all during the currency of Exts.P3 and P4. Therefore, merely for the reason that those documents speak about a willingness, the respondents 1 to 4 were not justified in bypassing the agreements entered into as regards the petitioner in these cases.
14. Therefore, I hold that action of the respondents in procuring the life saving drugs from the 5th respondent herein during the currency of Exts.P3 and P4 was without any justification.
15. In the afore circumstances, the question arises as to the reliefs that are to be granted to the petitioner in this case.
Smt.Vaheeda Babu, the learned counsel for the petitioner, points out that the validity of agreements at Exts.P3 and P4 is already WP(C) Nos. 21808 OF 2023 & 702 of 2022 16 2026:KER:8902 over. If that be so, ultimately, the petitioner can seek for damages, which the petitioner required to obtain through due process of law.
Leaving open that right of the petitioner, I dispose of the W.P.(C) No.702 of 2022.
16. As regards W.P.(C) No.21808 of 2023, Smt.Vaheeds Babu, states that though the term of agreements are already over, respondents 1 to 4 are even now procuring medicines from the 5 th respondent. She would also add that no fresh tenders are floated after 2023. If that be the case, it is for the petitioner to point out to the respondents 1 and 2 the findings of this Court in this judgment and seek for appropriate action, based on the above observation.
Accordingly, these writ petitions are disposed of Sd/-
HARISANKAR V. MENON
AP JUDGE
WP(C) Nos. 21808 OF 2023 & 702 of 2022
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APPENDIX OF WP(C) NO. 21808 OF 2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE TENDER ENQUIRY/INVITATION OF
BIDS DATED 10/12/2019 ISSUED BY THE 2ND
RESPONDENT, INVITING TENDERS FOR EMPANELMENT OF LOCAL CHEMISTS FOR THE SUPPLY OF EMERGENT, LIFE SAVING AND ESSENTIAL DRUGS/ MEDICINES TO THE 3RD RESPONDENT Exhibit P2 A TRUE COPY OF THE AGREEMENT DATED 13/01/2020 EXECUTED BY THE 2ND RESPONDENT WITH THE PETITIONER FOR SUPPLY OF MEDICINES AND CONSUMABLES TO THE 3RD RESPONDENT Exhibit P3 A TRUE COPY OF THE AGREEMENT DATED 23/03/2021 EXECUTED BY THE 2ND RESPONDENT WITH THE PETITIONER FOR SUPPLY OF MEDICINES AND CONSUMABLES TO ECHS POLYCLINIC, MUVATTUPUZHA Exhibit P4 A TRUE COPY OF THE LETTER DATED 25/06/2018 ISSUED BY THE 5TH RESPONDENT INTER ALIA PROVIDING THAT JAN AUSHADHI STORES MAY BE CONSIDERED AS DEEMED EMPANELLED WITH ECHS Exhibit P5 A TRUE COPY OF THE LETTER DATED 11/07/2018 ISSUED BY THE 6TH RESPONDENT, CONSEQUENTIAL TO EXHIBIT P4 INTER ALIA PROVIDING THAT JAN AUSHADHI STORES MAY BE CONSIDERED AS DEEMED EMPANELLED WITH ECHS Exhibit P6 A TRUE COPY OF THE AGREEMENT DATED 01/08/2021 EXECUTED BY THE 4TH RESPONDENT WITH THE 2ND RESPONDENT FOR SUPPLY OF MEDICINES AND CONSUMABLES TO THE 3RD RESPONDENT WITHOUT PARTICIPATING ANY TENDER, DURING THE VALIDITY PERIOD OF EXHIBIT P4 WITH THE PETITIONER Exhibit P7 A TRUE COPY OF THE AGREEMENT DATED 01/08/2021 EXECUTED BY THE 4TH RESPONDENT WITH THE 2ND RESPONDENT FOR SUPPLY OF MEDICINES AND CONSUMABLES TO ECHS POLYCLINIC, MUVATTUPUZHA WITHOUT PARTAKING IN ANY TENDER PROCESS Exhibit P8 A TRUE COPY OF THE GOVERNMENT ORDER DATED 29/08/2017 LAYING DOWN THE PROCEDURE FOR SELECTION OF AUTHORIZED LOCAL CHEMISTS ALONG WITH RELEVANT PORTION OF ITS ANNEXURES WP(C) Nos. 21808 OF 2023 & 702 of 2022 18 2026:KER:8902 APPENDIX OF WP(C) NO. 702 OF 2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE TENDER ENQUIRY/INVITATION OF BIDS DATED 10.12.2019 ISSUED BY THE 2ND RESPONDENT, INVITING TENDERS FOR EMPANELMENT OF LOCAL CHEMISTS FOR THE SUPPLY OF EMERGENT LIFE SAVING AND ESSENTIAL DRUGS/MEDICINES TO THE 3RD RESPONDENT Exhibit P2 A TRUE COPY OF THE TENDER ENQUIRY/INVITATION OF BIDS DATED 17.12.2019 ISSUED BY THE 2ND RESPONDENT, INVITING TENDERS FOR EMPANELMENT OF LOCAL CHEMISTS FOR THE SUPPLY OF EMERGENT LIFE SAVING AND ESSENTIAL DRUGS/MEDICINES TO THE 4TH RESPONDENT Exhibit P3 A TRUE COPY OF THE AGREEMENT DATED 13.01.2020 EXECUTED BY THE 2ND RESPONDENT WITH THE PETITIONER FOR SUPPLY OF MEDICINES AND CONSUMABLES TO THE 3RD RESPONDENT Exhibit P4 A TRUE COPY OF THE AGREEMENT DATED 23.03.2021 EXECUTED BY THE 2ND RESPONDENT WITH THE PETITIONER FOR SUPPLY OF MEDICINES AND CONSUMABLES TO THE 4TH RESPONDENT RELEVANT PAGE IS PRODUCED Exhibit P5 A TRUE COPY OF THE INVOICE NO.18087 DATED 24.06.2021 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT WITH RESPECT TO THE SUPPLY OF MEDICINES AND CONSUMABLES TO THE 3RD RESPONDENT DURING THE MONTH OF JUNE 2021, FOR AN AMOUNT OF RS.2,49,948.27 Exhibit P6 A TRUE COPY OF THE INVOICE NO.18271 DATED 25.06.2021 ISSUED BY THE PETITIONER TO THE 4TH RESPONDENT WITH RESPECT TO THE SUPPLY OF MEDICINES AND CONSUMABLES TO THE 3RD RESPONDENT DURING THE MONTH OF JUNE 2021, FOR AN AMOUNT OF RS.99,994.62 Exhibit P7 A TRUE COPY OF THE INVOICE NO.23640 DATED 24.07.2021 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT WITH RESPECT TO THE SUPPLY OF MEDICINES AND CONSUMABLES TO THE 3RD RESPONDENT DURING THE MONTH OF JULY 2021, FOR AN AMOUNT OF RS.2,49,998.1 Exhibit P8 A TRUE COPY OF THE INVOICE NO. 23191 DATED 22.07.2021 ISSUED BY THE PETITIONER TO THE 4TH RESPONDENT WITH RESPECT TO THE SUPPLY OF MEDICINES AND CONSUMABLES TO THE 4TH RESPONDENT DURING THE MONTH OF JULY 2021, FOR AN AMOUNT OF RS.99,997.3 Exhibit P9 A TRUE COPY OF THE INVOICE NO.30237 DATED 25.08.2021 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT WITH RESPECT TO THE SUPPLY OF MEDICINES AND CONSUMABLES TO THE 3RD RESPONDENT DURING THE MONTH OF AUGUST 2021, FOR AN AMOUNT OF WP(C) Nos. 21808 OF 2023 & 702 of 2022 19 2026:KER:8902 RS.202765.38/-
Exhibit P10 A TRUE COPY OF THE INVOICE NO.30715 DATED 26.08.2021 ISSUED BY THE PETITIONER TO THE 4TH RESPONDENT WITH RESPECT TO THE SUPPLY OF MEDICINES AND CONSUMABLES TO THE 4TH RESPONDENT DURING THE MONTH OF AUGUST 2021, FOR AN AMOUNT OF RS.76,380.59.38/-
Exhibit P11 A TRUE COPY OF THE COMPLAINT DATED 27.08.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH ITS ACKNOWLEDGMENT RECEIPT Exhibit P12 A TRUE COPY OF THE LETTER DATED 25.06.2018 ISSUED BY THE 6TH RESPONDENT INTER ALIA PROVIDING THAT JAN AUSHADI STORES MAY BE CONSIDERED AS DEEMED EMPANELLED WITH ECHS Exhibit P13 A TRUE COPY OF THE LETTER DATED 11.07.2018 ISSUED BY THE 7TH RESPONDENT, CONSEQUENTIAL TO EXHIBIT P12 INTER ALIA PROVIDING THAT JAN AUSHADHI STORES MAY BE CONSIDERED AS DEEMED EMPANELLED WITH ECHS Exhibit P14 A TRUE COPY OF THE STATEMENT DATED 20.12.2021 FILE DON BEHALF OF THE RESPONDENTS 1 TO 4 IN WPC NO.20679/2021 ( WITH ANNEXURES) Exhibit P15 A TRUE COPY OF THE JUDGMENT DATED 22.12.2021 IN WPC NO.20679/2021 OF THIS HON'BLE COURT Exhibit P16 TRUE COPY OF THE GOVERNMENT ORDER DATED 29/08/2017 LAYING DOWN THE PROCEDURE FOR SELECTION OF AUTHORISED LOCAL CHEMISTS ALONG WITH RELEVANT PORTION OF ITS ANNEXURES Exhibit P17 TRUE COPY OF THE RELEVANT PORTION OF THE PUBLIC ACCOUNTS COMMITTEE REPORT 2015-16 WHICH ELABORATES THE PROCEDURE OF PROCUREMENT OF ALLOPATHIC DRUGS IN CGHS RESPONDENT EXHIBITS Exhibit R5(A) A TRUE COPY OF THE DRUG LICENSE NO.KL EKM 133487. Exhibit R5(B) A TRUE COPY OF THE DRUG LICENSE NO.KL EKM 133488. Exhibit R5(C) A TRUE COPY OF THE AGREEMENT DATED 01.08.2021 REGARDING ECHS KOCHI.
Exhibit R5(D) A TRUE COPY OF THE AGREEMENT DATED 01.08.2021 REGARDING ECHS MUVATTUPUZHA.
Exhibit R5(E) A TRUE COPY OF GOVERNMENT LETTER NO.22D(01)/2016/WE/D(RES-I) GOVERNMENT OF INDIA, MINISTRY OF DEFENCE (DEPARTMENT OF EX-SERVICEMEN WELFARE) DATED 25.06.2018.
Exhibit R5(F) A TRUE COPY OF COMMUNICATION SEND BY THE THE CHIEF OF ARMY STAFF TO THE VARIOUS HEAD QUARTERS VIDE NO. B/49762/AG/ECHS/POLICY DATED 11.7.2018. WP(C) Nos. 21808 OF 2023 & 702 of 2022 20 2026:KER:8902 Annexure R1(a) true copy of the letter No 22D (01)/2016/WE/D (Res I) dated 25.06.2018 Annexure R1(b) True copy of the letter No.22D(01)/2016/WE/D(Res-
I) dated 22.08.2017 issued by Government of India Annexure R1(a) true copy of the letter No 22D (01)/2016/WE/D (Res I) dated 25.06.2018 Annexure R1(b) True copy of the letter No.22D(01)/2016/WE/D(Res-
I) dated 22.08.2017 issued by Government of India