M/s. Crystal Pharmaceuticals vs State of Haryana and Others

Sanjay Kishan Kaul, C.J.

CMs-15458-15463-2013

Leave is granted to place on record the modified purchase policy and the applications are accordingly allowed.

CWPs-7036-12682-16758-2013

We have taken note of the modification in purchase policy and management of drugs giving rise to the revised policy annexed as Annexure R1. This change in the policy has been made by an expert committee before whom all the records and relevant documents relating to purchase of medicines and consumables were placed. The Committee consists of eight doctors or experts in the field dealing with procurement of drugs. The modified policy takes note of the categorization required to be made of different nature of procurements and opines as under:-

In group A'': Medicines like injectable antibiotics, vaccines, sera, analgesics etc. accounting for 63-76% of annual drug expenditures i.e. Rs. 41.18 crores applicable to 263 types of drugs. Average value of tender is Rs. 10 crores except in exceptional circumstances like non-supply, if the single firm is on rate contract for one or more medicines and is unable to supply medicines at a specified rate contract then re-tender of such medicines will be done on the same terms and conditions.

In group ''B'': Tablets, capsules, ointments, jellies, gels, powders etc. accounting for 24.53% of the annual drug expenditure i.e. Rs. 15.84 crores applicable to 267 types of drugs. Average value of tender is Rs. 3 to 4 crores except in exceptional circumstances like non-supply, if the single firm is on rate contract for one or more medicines and is unable to supply medicines at a specified rate contract then re-tender of such medicines will be done on the same terms and conditions.

In group ''C'': Consumables, lab, reagents, dental materials and proprietary items accounting for 11.71% of the annual drug expenditure i.e. Rs. 7.55 crores applicable to 93 types of drugs. This group is mainly manufactured by small scale industries so the turnover should be kept Rs. 1.00 crore. Average value of tender is Rs. 30 lacs except in exceptional circumstances like non-supply, if the single firm is on rate contract for one or more medicines and is unable to supply medicines at a specified rate contract then re-tender of such medicines will be done on the same terms and conditions.

So after multiplying the value of tender with 3.5, it is proposed that turnover is fixed for Rs. 35 crores for group A'', 12 crores for group ''B'' and 1 crore for group ''C'' respectively.

The aforesaid, thus, shows that the multiplier of 3.5 times is taken as the requirement of turnover qua the tender value which is of course converted into a figure taking into consideration the average tender values.

The only submission of learned counsel for the petitioner is that the matter should be left at 3.5 times the tender rather than fixing a numerical value to the turnover as tender may be of higher or lower value.

In the aforesaid context, Dr. Ritu Kaura, Deputy Director, (Procurement) Drugs submits that the conversion into value terms has been done on the basis of the average tender value and further submits that the tenders to be floated would be in the range of the values as stated in the policy qua different groups of medicines and other items to be procured.

In view thereof, we find no grievance of the petitioner surviving in the petition.

In so far as the tenders in question are concerned, the bench-mark as per the modified policy may be made applicable, but there is no requirement of re-floating the tender as there is urgent procurement requirement. This would entitle all such applicants who have either applied independently or on the directions of the Court to be considered under the tender as per this modified policy.

The writ petitions accordingly stand disposed of. Dasti copy to learned Additional Advocate General for the State of Haryana under signatures of the Bench Secretary.