Patna High Court
M/s Aditya Clinical SystemversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The court directed the procurement authority to consider the objection and pass an appropriate order within four weeks, thereby disposing of the writ petition.
Summary
M/s Aditya Clinical System filed a writ petition challenging the Bihar Medical Services and Infrastructure Corporation Limited (BMSICL) for proceeding with a tender despite an objection that private respondent M/s Promea Therapeutics Pvt. Ltd. failed to meet the eligibility criteria of a three‑year valid manufacturing/import licence and three years of experience as required under Paragraph 3(f) of the tender notice. The petitioner sought a mandamus directing BMSICL to consider the objection, re‑assess the technical bid, disqualify Promea, and restrain opening of the financial bid until the matter was resolved. The court noted that the representation filed on 8‑December‑2025 was still pending consideration. Accordingly, the court directed the General Manager (Procurement) of BMSICL to consider the objection, afford a hearing to all stakeholders, and pass an appropriate order within four weeks. The petition was thereafter disposed of, with any pending applications also dismissed.
Issues considered
- Whether the procurement authority is obligated to consider a representation objecting to a bidder's eligibility under the tender specifications.
- Whether a writ of mandamus can be issued to compel the authority to disqualify a bidder and restrain opening of the financial bid.
- Whether the petitioner is entitled to a stay of further proceedings in the tender process pending resolution of the objection.
Subjects
- public procurement
- tender eligibility
- mandamus
- writ petition
- disqualification of bidder
- medical devices
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20665 of 2025
======================================================
M/s Aditya Clinical System, a proprietorship firm, having its address at Office
No. 209, Neelkanth Plaza, Bhatta Cross Road, Police Station - Paldi, District -
Ahmedabad (Gujarat) through its proprietor Kalpeshkumar Kanaiyalal
Thakker, male, aged 55 years, son of Kanaiyalal Thakker @ Kanaiyalal,
resident of B/304, Sukrut-2, Suvidha Cross Road, Police Station Paldi,
District -Ahmedabad (Gujarat)
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Health Department,
Govt. of Bihar, Patna.
2. Bihar Medical Services and Infrastructure Corporation Limited through the
Managing Director, Patna, Bihar
3. The General Manager (Procurement), Bihar Medical Services and
Infrastructure Corporation Limited, Patna, Bihar
4. M/s Promea Therapeutics Pvt. Ltd., a private limited company having its
office at Plot No. M4, Medical Device Park, Sultanpur, Ameenpur,
Sangareddy Telangana, 502319
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bindhyachal Singh, Senior Advocate
Mr. Parijat Saurav, Advocate
Mr. Ujjawal Kumar, Advocate
For the State : Mr. Manish Kumar, GP-4
For the BMSICL : Mr. Lalit Kishore, Sr. Advocate
Mr. Vikash Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
2 10-02-2026 Heard learned counsel for the parties.
2. Following reliefs are sought for in the present writ
application:
“(a) For issuance of a writ in the nature of
mandamus or any other appropriate writ or
Patna High Court CWJC No.20665 of 2025(2) dt.10-02-2026
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order directing the respondent Bihar Medical
Services and Infrastructure Corporation
Limited to decide and dispose the objection of
the petition submitted on 08/12/2025 to the
fact that the respondent no. 4 M/s Promea
Therapeutics Pvt. Ltd. is not fulfilling the
eligibility condition of not fulfilling the
eligibility condition contained in Paragraph
3(f) of the Notice Inviting Tender Ref No.
BMSIC/MEDICALDEVICES/CONSUMABLE
S/25-09 dated 17/07/2025 inasmuch as the
respondent no. 4 is not having minimum three
years old valid manufacturing / import license
and is not having minimum three years of
manufacturing / importing of the quoted three
medical consumable items [requirement as
per Paragraph 3(f) of the bid document of
Notice Inviting Tender] and to re-assess the
technical bid of the respondent no. 4 M/s
Promea Therapeutics Pvt. Ltd. in light of the
objection raised by the petitioner and to
disqualify the respondent no. 4 M/s Promea
Patna High Court CWJC No.20665 of 2025(2) dt.10-02-2026
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Therapeutics Pvt. Ltd. from the tender
process.
(b) For issuance of a writ in the nature of
mandamus or any other appropriate writ or
order restraining the respondent Bihar
Medical Services and Infrastructure
Corporation Limited from opening the
financial bid till the time decision is taken on
the objection of the petitioner for
disqualification of the respondent no. 4 M/s
Promea Therapeutics Pvt. Ltd.
(c) During pendency of the writ petition,
be pleased to stay the further proceedings
related to the impugned Notice Inviting
Tender Ref No. BMSIC/MEDICAL
DEVICES/CONSUMABLES/25-09 dated
17/07/2025 issued by the respondent Bihar
Medical Services and Infrastructure
Corporation Limited.
(d) For any other relief(s) which your
Lordships may deem fit and proper in the facts
of the case.”
Patna High Court CWJC No.20665 of 2025(2) dt.10-02-2026
4/4
3. Vide Annexure P-5 dated 08.12.2025, a
representation was submitted on behalf of the petitioner, raising
objections against private respondent No. 4. However, the said
representation is still pending consideration.
4. Considering the relief as sought for in the present
application and the fact that the representation is still pending
consideration, respondent No. 3 is directed to consider the same
and pass an appropriate order in accordance with law, after
giving an opportunity of hearing to all the stakeholders, within a
period of four weeks from the date of receipt/production of a
copy of this order.
5. With the aforesaid observation and direction, the
present writ petition stands disposed of.
6. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
( Rajesh Kumar Verma, J)
Ibrar//-
U
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