JUDGMENT :

By invoking the extra-ordinary jurisdiction under Article 226 of the Constitution of India, the writ petition has been instituted challenging a Show Cause Notice dated 21.07.2017 and an order dated 20.09.2017, both issued under the hand of the Mission Director, National Health Mission [NHM], Assam. By the Show Cause Notice dated 21.07.2017, the petitioner was asked to show cause as to why there was delay from the end of the petitioner to supply the essential drugs pursuant to two Purchase Orders, dated 21.01.2017 and 23.03.2017 respectively, and as to why the petitioner should not be blacklisted for non-performance in supplying essential drugs in the State causing delay in the programme, ‘Free Drug Service’ Scheme of the Government of India. By the Order dated 20.09.2017, the petitioner has been disqualified to participate in any tender processes initiated by the NHM, Assam for a period of 5 [five] years from the date of the said Order stated to be passed in terms of Clause 17 of the Bid Document.

2. The office of the Mission Director, NHM, Assam initiated a National Competitive Bidding [NCB] process by publishing a Tender Notice for supply of drugs vide Tender No. NHM/PRO