JUDGMENT :

N. NAGARESH, J.

1. The petitioner, a Pharmaceuticals Manufacturing Company, is before this Court seeking to quash Ext.P10 order of the 1st respondent blacklisting one of the products of the Company and to quash Ext.P13 order of the 2nd respondent blacklisting the Company itself for a period of three years.

2. Facts necessary to decide the lis involved in the writ petition are as follows:-

The petitioner has been supplying pharmaceutical products to the 2nd respondent-Kerala Medical Services Corporation Limited for the last several years. The petitioner was a successful bidder in respect of several drugs under Category I, pursuant to notification for the year 2016-17 dated 27.11.2015. The petitioner submitted their tender in respect of various drugs including Clobazam Tab 5 mg. with minimum shelf life required of 36 months. The tender was accepted by the 2nd respondent. Clauses 6.29.8 and 6.29.9 of Ext.P1 e-tender document, provided as follows:-

“6.29.8. If any two batches of the particular item supplied by the firm during the contract period, fail in any of the quality tests conducted by the tender Inviting Authority and/or by the Drugs Control Department, then that particula