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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
                                           2/4




                             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
                                           3/4




                             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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