C/SCA/11514/2020 JUDGMENT DATED: 18/08/2021

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 11514 of 2020

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE J.B.PARDIWALA

and

HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

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1

Whether Reporters of Local Papers may be allowed

to see the judgment ?

YES

2

To be referred to the Reporter or not ?

YES

3

Whether their Lordships wish to see the fair copy

of the judgment ?

NO

4

Whether this case involves a substantial question

of law as to the interpretation of the Constitution

of India or any order made thereunder ?

NO

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RAJA BHAILAL SHAH

Versus

OIL AND NATURAL GAS CORPORATION LTD.

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Appearance:

MR JIGAR G GADHAVI(5613) for the Petitioner(s) No. 1,2,3,4

MR DEVANG VYAS, ASSISTANT SOLICITOR GENERAL OF INDIA WITH

MR RITURAJ M MEENA(3224) for the Respondent(s) No. 1

NOTICE SERVED(4) for the Respondent(s) No. 2,3

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CORAM: HONOURABLE MR. JUSTICE J.B.PARDIWALA

and

HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

Date : 18/08/2021

ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)

Page 1 of 21

C/SCA/11514/2020 JUDGMENT DATED: 18/08/2021

1.

The respondents nos.2 and 3 although served with the notice

issued by this Court, yet have chosen not to appear before this

Court either in person or through an advocate and oppose this writ-

application.

2.

By this writ-application under Article 226 of the Constitution

of India, the writ-applicants have prayed for the following reliefs:-

“6(a) Be pleased to issue a writ of mandamus and/or writ in the

nature of mandamus or any other appropriate writ, order or

direction quashing and setting aside the tender being tender

No.E-Tender No.B26SC20009 issued by the respondent (Annexure

A);

(b) Be pleased to declare the clause of Empanelment of

Pharmacy chains with multiple Outlets especially the eligibility

criteria indicated at No.B.1.2 Annexure-IV in the E-Tender

No.B26SC20009 (Annexure-A) as illegal, arbitrary, irrational

unjust and unconstitutional and may be pleased to quash the

same;

(c) That pending admission, final hearing and disposal of this

petition, be pleased to direct the respondent to accept the forms

of the petitioners and permit the petitioners to take part in the

exercise undertaken pursuant to the tender E-Tender

No.B26SC20009 (Annexure-A).

(d) Pending admission, hearing and final disposal of the present

petition, be pleased to stay the further operation, implementation

and execution of the tender process initiated under Tender E-

Tender No.B26SC20009 (Annexure-A).

(e) That any other relief which this Hon’ble Court deems fit and

expedient be granted in the interest of justice.”

3.

The facts giving rise to this litigation may be summarized as

under:-

Page 2 of 21

C/SCA/11514/2020 JUDGMENT DATED: 18/08/2021

3.1

All the writ-applicants before us are in the business of

running medical store/pharmacy store in the City of Vadodara,

more particularly, in the area of Tarsali, Makarpura and Karelibaug

respectively.

3.2

The writ-applicant no.1 is running his medical store past 14

years. The writ-applicant no.2 is running his medical store past 33

years. The writ-applicant no.3 is running his medical store past 25

years. The writ-applicant no.4 is running his medical store past 20

years. All the writ-applicants in the past had entered into a contract

with the ONGC for supply of medicines to its beneficiaries at a

discounted price or rate. It appears that as the period of contra