( 1 ) THESE petitions have been filed in this court with the prayer that Notification of the award of contract dated 2nd April, 1993, given to M/s Nestor Pharmaceuticals Pvt. Ltd. ,

( 2 ) BE quashed. Brief facts which are necessary to dispose of these petitions are recapitulated as under:- Union of India, respondent no. 1, has initiated a project styled as "child SURVIVAL AND SAFE MOTHERHOOD PROJECT . Keeping in view the objectives of providing the requisite medical care to the infants and young mothers, under the said project, respondent no. 1 planned to supply medicine entirely free of cost to the women during their pregnancies and after their delivery, and infants particularly in the remote and backward corners and areas of the country.

( 3 ) THE said project has been categorised in two groups styled as Kit A and Kit B. In Kit A and Kit B, some basic medicines were to be given to the women and infants. Kit A consisted of the following items:-

I) Tablets Iron Folic Acid Large ii) Tablets Iron Folic Acid Small iii) Vitamin A Solution I (X) ML. Bottles iv)O. R. S. (Oral Rehydration Salt) v) Contramaxoie tablets Paediatrics Kit B consisted of the following 11 items: i)Tablets Methyl Ergometrine Maleate 0. 5 MG ii) Tablets Chlorphenramine Maleate, 4 mg. iii) Tablets Paracetamol 500 Mg. iv) Tablets Anti Spasmodic. v) Injection Methyl Ergometrine Maleate. vi ) Tablets Mebendazole 100 Mg. p73 vii)Chloramphenicol Eye Aplicap viii)Powdercetrimide ix) Ointment povidine Iodine 5%, 25 gm tube x) Cotton Bandage 4 cm x 4m. xi)Cotton Absorbent Roll of 500 Gms.

( 4 ) FOR the purchase of Kit A and Kit B, the Directorate General of Supplies and Disposal, an authority in the Department of Supply, Ministry of Commerce, Government of India, issued international invitation for bid inviting quotations inter alia, for Kit B. The said invitation consisted of certain drugs/medicines for the said project. The invitation for bids was open to all supplies from eligible source countries such as members of the World Bank, Switzerland and Taiwan, China, etc. Supplies were to have their origin in the abovementioned countries. Kits for the said project are to be suplied at four different groups of destination all over India which are classified in the said invitation to a bid into four groups, line-1, line-2, line-3 and line-4. Under the said invitation, the the bids were to be received upto 1. 30 P. M. on 2nd December, 1992 and bids were to be opened in the presence of participating bidders at 3 P. M. on that day. The instructions to bidders were given and the bidders were under an obligation to complete all the bidding documents in order to get their bids considered by respondent no. 1. The supplies pertaining to Kit A had to be made in April-May, 1993 and supplies pertaining to Kit B had to be made in October-November, 1993.

( 5 ) ACCORDING to requirements of bid documents, bank guarantee had to be furnished by the bidder or demand draft issued by the bank was to be filed along with the tenders towards the bid money: The said bid money was to be furnished separately for supply to each of the regions styled as line to Respondent no. 2 indicated in the brochure. The bid money was to be furnished for each region so each line was to be treated separately. The submissions of the petitioners in these petitions are that they submitted tenders for the supply of Kit A and Kit B of the said project. According to the petitioners in Goa Antibiotics, the tenders were completed in all respects and their bid was substantially responsive. It is submitted by the petitioners that the bid security in the shape of bank guarantee totalling for the sum of Rs. 9,72,000. 00 for both the tenders and demand drafts aggregating for the sum of Rs. 18,99,200. 00 were inoriginal, tendered by Mr. R. K. Chawla to the concerned official of respondent no. 2, namely, Mr. Amrit Lal, Section Officer at 1. 30 P. M. on2,12. 1992,when he was opening the tender box to collect t