ORDER :

1. In all these writ petitions since identical controversy is involved, therefore at the request of both the counsel for the parties these writ petitions have been heard together and are being decided by the present common order.

2. At the request of the counsel for the parties, the facts have been noticed from S.B. Civil Writ Petition No.13758/2022 and the prayer made therein reads as under :-

“Therefore, the Petitioner most respectfully prays that writ petition filed by the petitioner may kindly be allowed with cost and :

a) By appropriate writ order or direction, impugned order dated 12.08.2022 (Annex-18) passed by Respondent No.5 may kindly be quashed and set aside;

b) By appropriate writ order or directions, the Respondent state be directed to proceed and follow Public Procurement (preference to make in India) order, 2017 and to follow various officer memorandum and to not making USFDA approval a mandatory requirement;

c) By appropriate writ order or directions, the Respondent state be directed to not discriminate between companies, merely on the basis of Foreign Entity’s Certifications;

d) By appropriate writ order or directions, the Respondent state be directed to follow and allow the participation of Petitioner Firm in the old package;

e) By appropriate writ order or directions, the Respondent state be directed to continue with the old mechanism (package list), wherein, no discrimination was being done on the basis of certification;

f) Any other appropriate writ, order or direction, which is considered just and proper in the facts and circumstances of the case, may kindly be passed in favour of the Petitioner to do the do the complete justice with the Petitioner.”

3. From perusal of the above, it transpires that under challenge herein is the order dated 12.08.2022 passed by the respondents whereby the rates have been revised of the package namely Coronary Stent for PTCA-Drug Eluting (DCGI and Non USFDA approved) which has been fixed @ Rs.12500/-per stent with further remarks that the claim shall be paid @ Rs.12500/-if the stent is DCGI approved and Non US-FDA Stent or as per actual cost of the stent whichever is lower, at the same time rates have also been revised of the package namely Coronary Stent for PTCA-Drug Eluting (DCGI and USFDA approved) which has been fixed @ Rs.23,625/-per stent with the furter remaks that the claim shall be paid @ Rs.23,625/-if the stent is DCGI approved and US-FDA approved Stent or as per actual cost of the stent whichever is lower.

4. Health is one of the top priority which a State Government apart from other factors has to take note of and arrange/provide the best medical facilities at its command to the citizens (patients) and in order to perform its duty the State Government time to time promulgates/executes and implements certain schemes with an object to provide better medical facilities to the citizens. Considering the issue of health of the citizens and to provide them the better & qualitative facilities at the rates which could be reasonable to them, the Government in the State of Rajasthan in the larger public interest came out with a comprehensive scheme namely Mukhya Mantri Chiranjeevi Swasthya Bima Yojna (hereinafter to be referred as the “Scheme”) under which a tripartite agreement was entered into the Rajasthan State Health Assurance Agency (hereinafter to be referred as “Assurance Agency”), Insurance Company and the empanelled hospitals where the citizen (patient) is desirous of taking the treatment. The tripartite agreement indicates that there are three bodies/parties, in which the Assurance Agency is the authority on whose instructions & upon the terms and conditions prescribed by it in the public welfare, the medical treatment, facilities, medical devices to be implanted, are provided to the ailing patients; the insurance company is also one of the party in the said agreement and the next party is the hospital where the patient gets medical treatment and medical f