2025:CGHC:59049-DB NAFR SHOAIB ANWAR HIGH COURT OF CHHATTISGARH AT BILASPUR SHOAIB ANWAR Date: 2025.12.11 15:55:34 +0530 WPC No. 6337 of 2025 Pathozyme Diagnostics Plot No. A-115, Five Star M.I.D.C. Area, Kagal, District Kolhapur, Through Its Authorized Signatory, Preetesh Sahu, Son Of Late Ramsajivan Sahu, Aged About 45 Years, R/o 9/301, Ward No. 9, Om Enterprises, Shukrawari Bazar, Gudhiyari, Raipur, District Raipur (C.G.)

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Secretary, Health And Family Welfare Department, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur (C.G.)

2 - Chhattisgarh Medical Services Corporation Through Managing Director, Cgmsc, Chhattisgarh Housing Board, Commercial Premises, Fourth Floor, South-East Corner, Sector-27 Nava Raipur, Atal Nagar, District Raipur (C.G.)

3 - General Manager (Equipments) Chhattisgarh Medical Services Corporation, Chhattisgarh Housing Board, Commercial Premises, Fourth Floor, South- East Corner, Sector-27, Nava Raipur, Atal Nagar, District Raipur (C.G.)

4 - Vanguard Diagnostics Private Limited C-123, Phase-1, Okhla Industrial Area, Okhla, District South East Delhi, State Delhi ... Respondent(s)

(Cause title taken from CIS)

For Petitioner(s) : Shri C. Jayant K. Rao, Advocate.

For Respondent(s) : Shri S.S. Baghel, Dy. Govt. Advocate. For CGMSC : Shri Raghvendra Pradhan, Advocate.

For Respondent No. 4: Shri Goutam Khetrapal, Advocate.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Bibhu Datta Guru, Judge

05.12.2025

1. By the present petition, the petitioner is seeking quashment of the order/communication dated 11.11.2025 issued by the respondent/CGMSC, whereby after Dawa Apatti Final Summary Sheet of Cover-A, the petitioner has been declared as ‘not eligible’, the petitioner further seeking a direction to consider the clarification submitted by the petitioner regarding the remarks and declare the petitioner eligible in final summary sheet cover- A and further allow the petitioner to participate in the tender process.

2. Learned counsel appearing for the petitioner would submit that pursuant to the NIT issued by the CGMSC for reagents, including controls, calibrators and amp; consumables (compatible with Semi-automated Bio-chemistry analyser Mokshit Chanda-9903) with maintenance for equipment/ 2025- 2026. Pursuant to the said NIT along with other bidders the petitioner participated in the tender process and submitted the bid. After scrutiny the respondent authorities published the cover-A sheet, wherein the petitioner has been declared ineligible on three counts e.g. (1) Document for submission of TPF and EMD enclosed by the bidder, but amount not received as per CGMSC bank statement (2) D-Dimer Manufacturing License not found, (3) Production details for D-Dimer for year 2022-23, 2023-24 & 2024-2025 provided but manufacturing license not found. According to the petitioner after knowing about the said defects the petitioner submitted his response on 08.11.2025. Thereafter, on 11.11.2025, the respondent authorities published Cover-A after finalization of Dawa Appatti, wherein the first defect of the petitioner has been ignored however, in respect of Defects no. 2 & 3, the petitioner has been declared as ineligible. Petitioner would submit that the respondent authorities have not considered the candidature of the petitioner as also the objections raised by him in its true perspective, whereas, they are extending the benefits to their blue-eyed boys i.e. respondent no.4 herein. Petitioner would submit that despite non-fulfillment of the requisite conditions by the respondent no. 4, the CGMSC declared the said respondent as eligible. Thus, this petition.

3. Per contra, learned respondents counsel oppose the submissions made by the learned counsel for the petitioner and submits that the petitioner ought to have submit that bid in consonance with the terms and conditions as enumerated in the subject NIT. It is subm