R.K.ABICHANDANI
HEM PLAST HEALTH CARE PRIVATE LIMITED – Appellant
Versus
STATE – Respondent
( 1 ) THE petitioner challenges the award of rate contract by the respondent No. 2 to the respondent Nos. 3 to 6 on the footing that he has been arbitrarily denied to participate by offering F (II) quality bandage cloth and absorbent gauze.
( 2 ) THE case of the petitioner is that F (II) quality of absorbent gauze and bandage cloth has been prescribed under Rule 124-C of the Drugs and Cosmetics Rules, 1945 in Schedule F (II) thereof and these goods offered by the petitioner were of the standards so prescribed and therefore, the petitioner could not have been prevented from participating as a tenderer on the ground that the petitioners goods do not have i. S. I. mark certification more particularly since the tender notice never prescribed the requirement that the goods should be of I. S. I. mark. The case of the petitioner is that the standard prescribed for the surgical dressings under the Drugs and cosmetics Rules and the Indian Standard prescribed under Bureau of Indian standards Act, 1986 hardly had any difference, and, they were almost identical except in case of ph factor for which the limits were indicated in the standards prescribed under the Bureau of I
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