JUDGMENT :

Suman Shyam, J.

1. Heard Mr. Sumit Rajput, learned counsel appearing on behalf of the writ petitioner. I have also heard Mr. D. Saikia, learned senior counsel assisted by Mr. B. Gogoi, learned Standing Counsel, Health Department, Assam, appearing for the respondents.

2. The writ petitioner herein is a private limited company having its corporate office at Narela, New Delhi. Aggrieved by insertion of Clauses 2.3.1 and 2.5.1 in the NIT dated 05.07.2019 issued by the respondent No. 2 inviting Online tenders for supply of essential drugs to health facilities under the department of Health and Family Welfare, Government of Assam, for a period of two years, the present writ petition has been filed.

3. The case of the writ petitioner, in a nutshell, is that, it is a manufacturer of pharmaceutical drugs and is holding Drug Manufacturing Licence No. 1930/1931 issued under the Drugs and Cosmetics Act, 1940. The petitioner is also holding a valid "GMP" and "GLP" certificate as well as no "conviction certificate" issued by the competent authority and therefore, is competent to manufacture and market pharmaceutical products. The writ petitioner was interested to participate in the tender