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1991 Supreme(Kar) 253

K.S.BHATT, R.RAMAKRISHNA
A. C. CHANDRA KUMAR – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
B.Vedanta lyengar, H.B.DATAR, K.S.Desai, NANDAGOPAL NAMBIAR, S.P.SHANKAR, S.S.Ramdas, S.Shivaram

SHIVASHANKAR BHAT, J.

( 1 ) AGAINST the dismissal of a few writ petitions writ appeals are filed by the petitioners. Other writ petitions were referred to the division bench by the learned single judge in view of the pendency of the writ appeals. All the parties are referred with reference to their rankings in the writ petitions. However, one of the parties impleaded subsequently i. e. , Karnataka antibiotics and pharmaceuticals Ltd. , A public sector undertaking is referred as kapl.

( 2 ) PETITIONERS question the legality and propriety of the government order dated 23-2-1991 (referred as the impugned order ). By this order the state government approved the purchases of the drugs and i. v. fluids required by government hospitals from public sector undertakings ('psu' for short) on the basis of an alleged recommendations of a high power committee. The conditions stated in the said impugned order are 7 in number, they are as follows:"1) 100% injectable antibiotics should be purchased from M/s. , kapl, Bangalore. If the drug is not manufactured by M/s. Kapl then it can be purchased from other public sector undertakings. In case of oral antibiotics, if the rate is cheapest, 100% should













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