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1. The present petition has been filed by M/s Biogenetic Drugs Pvt. Ltd., the Petitioner company herein, challenging the decision of Central Medical Services Society ("Respondent No. 1" herein), in the summary of technical evaluation report, vide which the Petitioner's technical bid in tender bearing no. CMSS/PROC/2022-23/NTEP/014, for the procurement of First Line Anti TB drugs for NTEP, was found to be technically non-compliant by the technical evaluation committee, and therefore, was rejected by the Neutral Citation Number:2022/DHC/005748 Respondent No. 1, for reasons of non-compliance with clauses 4(g) and 6.1(h) of the tender eligibility conditions laid down in the Notice Inviting Tender ("NIT"). Being aggrieved by disqualification from the tender, the Petitioner herein has approached this court with the following prayers:-

―(a) Issue a writ of writ of certiorari or any other writ / order / direction directing the quashing of the technical evaluation summary dated22.11.2022 limited to the Petitioner being held technically non - responsive by the Respondent no. 1 for participating in the Tender No. CMSS / PROC/ 2022 - 23/ NTEP / 014;
(b) Issue a writ of mandamus or any writ / order / direction declaring the Petitioner to be technically responsive and eligible in terms of Clause 4(g) and Clause 6.1 (h) of the Tender No. CMSS / PROC/2022 -

23/ NTEP / 014;

(c) Pass such other and further orders that this Hon'ble Court may deem fit and proper an in the present circumstances.‖

M/s Biogenetic has quoted 98.56% in sch. 1. They are a first time vendor in CMSS tender. They have submitted manufacturing license, Market Standing Certificate, Non Conviction Certificate & COPP which were duly authenticated by drug Licensing Authority. However they did not submit Purchase order copies along with statutory auditor certificate as per tender clause no 4.g & 6.1 (h) "Tenderer should have supplied 40% of the quoted quantity of same or similar items during the last two financial years. Bidder should submit Purchase order copies and certificate duly issued by statutory auditor of the company on his letter head by certifying the quantities manufactured and marketed in trade, export, open market, sold to government institutions, private bodies etc. and the marketed quantities are not less than at least 40% of the quoted/similar item. Similar item is dined as below: