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2008 Supreme(Del) 557

T.S.THAKUR, SIDDHARTH MRIDUL
C. G. H. S. Chemist Association (Regd. ) – Appellant
Versus
Ministry of Health and Family Welfare – Respondent


Advocates appeare:
For Appellant/Petitioner/Plaintiff: M.L. Lahoty, Adv. in W.P.(C) 583/2008 and U. Hazarika and Abhinav Lohia, Advs. in W.P.(C) 532/2008
For Respondents/Defendant: Rajeeve Mehra, Adv. in W.P.(C) 583/2008 and Rajeeve Mehra, Adv. in W.P.(C) 532/2008

JUDGMENT

T.S. Thakur, J.

1. Central Government Health Scheme provides comprehensive medical care facilities to central government employees, pensioners and few other categories of individuals. The scheme envisages, among other benefits, free supply of medicines and drugs to the patients. With a view to ensuring timely supply of such medicines and drugs to the beneficiaries of the scheme, the Government empanels local chemists found eligible to make the supplies on the stipulated terms and conditions.

2. Bids for empanelment of chemists for supply of medicines and drugs to CGHS dispensaries situated in Delhi, Noida, Gurgaon, Faridabad and Ghaziabad were invited by the Additional Director (MSD), CGHS, New Delhi from chemists eligible to do so. Aggrieved by the terms and conditions stipulated in the tender document, the petitioners have filed the present writ petitions for a writ of certiorari quashing some of the terms incorporated in the same. The challenge primarily proceeds on the ground that the conditions stipulated in the tender document are excessively onerous and have the effect of excluding from the bidding process chemists who are otherwise eligible to be empaneled for maki



























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