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1999 Supreme(SC) 389

D.P.WADHWA, N.S.HEGDE
Indian Drugs And Pharm. LTD. – Appellant
Versus
Punjab Drugs Manufactures Association – Respondent


Judgment

Santosh Hegde, J.-C.A. Nos. 4550-51/89 :

In these civil appeals, identical questions arise for our considera­tion.

2. Before the High Court of Punjab and Haryana in civil Writ Petition No. 6144/87, the petitioners challenged the constitutional validity of the policy decisions of the Government of Punjab whereby directions were issued to the purchasing authorities that certain medicines used in the Government hospitals and dispensaries were to be purchased from public sector manufacturers only. The High Court was pleased to allow the petition and quashed the said policy decision by a judgment dated 3.6.1988. Being aggrieved by the said judgment and order of the High Court, the State of Punjab has preferred C.A. No. 3723/88 before this Court and some of the aggrieved respondents have preferred C.A. No. 3744/88.

3. The writ petitions challenging almost similar policy decisions taken by the State of Rajasthan were also filed before the High Court of Rajasthan in D.B. Civil W.P. No. 697/88 and other connected mat­ters. The High Court of Rajasthan negatived the petitioners contention and dismissed the said writ petition. The aggrieved petitioners have filed C.A. Nos. 4550-51/89.

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