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$~233

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 19452/2025, CM APPL. 81133/2025 & CM APPL. 81134/2025

J.P. INDUSTRIES .....Petitioner

Through: Mr. Mohit Kumar Gupta, AOR.

versus

DIRECTORATE GENERAL OF HEALTH SERVICES, CENTRAL

PROCUREMENT AGENCY, GNCTD, AND ANR .....Respondents

Through: Mr. Tushar Sannu, Standing Counsel

for GNCTD.

Date of Decision: 22^nd December, 2025

CORAM:

HON'BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

JUDGEMENT

TUSHAR RAO GEDELA, J : (ORAL)

1. Present petition has been filed under Article 226 of the Constitution of

India, 1950, seeking quashing of the Technical Bid rejection order/decision

dated 21.11.2025 passed by the respondent no.1, thereby disqualifying the

petitioner and resulting in non-opening of the financial/price bid of the

petitioner. The petitioner further seeks a direction to respondent no.1 to allow

the petitioner’s financial bid to be opened and to further allow the petitioner to

participate in the tender process and, if bid of the petitioner’s bid is the lowest,

the petitioner may be awarded the work.

2. The petitioner is a proprietorship firm holding a valid Registration

Certificate issued by the Government of India, engaged in the business of

manufacturing and supplying the standard quality drugs/ medical equipment

throughout India to various Semi-Government/Centre and State government

Signature Not Verified

Digitally Signed W.P.(C) 19452/2025 Page 1 of 5

By:YASHRAJ

Signing Date:23.12.2025

19:30:56

hospitals, institutions and drugs procurement agencies. The Uttar Pradesh

Medical Supplies Corporation Limited (hereinafter referred to as “UPMSCL”).

passed an office order dated 06.10.2023, blacklisting the petitioner qua the

drug namely, “Vitamin A Palmitate Arachis Oil based liquid” for a period of

three years.

3. The respondent no.1/the tendering authority floated an E-tender dated

12.06.2025 for procurement of 399 Drugs for usage in hospitals/dispensaries

under the control of respondent no.2. The petitioner participated in the said

tender and submitted its Technical Bid. However, vide impugned order dated

21.11.2025; the respondent no.1 rejected the Technical Bid of the petitioner

stating that “Others – Blacklisted”. The Officer Order dated 06.10.2023 by the

UPMSCL is extracted hereunder:-

“Ref. No.: UPMSCL/MD/QC/2023/941 Date : 06 Oct-2023

Office Order

J.P Industries has rate contract with UPMSCL for the supply of drug

“Vitamin A Palmitate Arachis oil based Liquid 100000 IU/ml, 100ml bottle

with feeding spoon (to be packed in mono carton)”. J.P Industries has

supplied drug "Vitamin A Palmitate Arachis oil based Liquid I 00000 IU/ml,

l00ml bottle with feeding spoon (to be packed in mono carton)" to various

District Drug warehouse of Uttar Pradesh Medical Supplies Corporation

Ltd. against Purchase order no. UP/UP/HQ/22/577/2(10282205249), dated

17-09-2022.

A notice (UPMSCL/MD/QC/2023/32 dated 15.04.2023) was sent to firm on

dated 15.04.2023 for supplying “Not Of Standard quality” drug “Vitamin A

Palmitate Arachis oil based Liquid 100000 IU/ml, 100ml bottle with feeding

spoon batch no VPS-009. Responses (Ref. No- Nil! dated- 25.04.2023) from

Firm J.P Industries obtained via mail on dated 26.04.2023 response provided

by firm was given due consideration but not found satisfactory.

Another notice (UPMSCL/MO/QC/2023/273 dated-06.06.2023) was sent to

firm dated 06.06.2023 regarding supply of “Not Of Standard quality” drug

“Vitamin A Palmitate Arachis oil based Liquid 100000 IU/ml , 100ml bottle

with feeding spoon batch no VPS-011 and VPS-013. No representation

received from firm till date. Again on dated 05.09.2023 notice

(UPMSCL/MD/QC/2023/733 dated- 05.09.2023) was sent to firm for final

Signature Not Verified

Digitally Signed W.P.(C) 19452/2025 Page 2 of 5

By:YASHRAJ

Signing Date:23.12.2025

19:30:56

reply. Till date firm has not provided any representation regarding UPMSCL

notice dated 05.09.2023 ·and notice dated 06.06.2023 .

With reference to above it is clear that J.P Industries. has supplied three “Not

O