Case Note & Summary
The writ petition was filed by P.K.R.Thangamani, the sole proprietor of M/s Reliance Instruments Corporation, against two respondents: the Secretary to Government, Health and Family Welfare, Government of Tamil Nadu (first respondent) and the Tamil Nadu Medical Services Corporation Limited (TNMSC) (second respondent). The petitioner had a long-standing contractual relationship with TNMSC, having successfully executed several tenders for supplying and installing medical equipment in various government hospitals. The dispute arose from three tenders floated by the second respondent: (i) tender dated 01.02.2021 for fixing rate contract for supply and installation of CSSD and laundry equipment; (ii) tender dated 14.12.2021 for supply and installation of gauze cutting machine, endoscopic cleaning and disinfection machine, plasma sterilizer, and drying cabinet; and (iii) tender dated 04.08.2022 for supply and installation of autoclave vertical units. The petitioner received letters of acceptance for these tenders. However, by orders dated 02.08.2024 and 28.08.2024, the second respondent blacklisted the petitioner for a period of two years, prohibiting him from participating in any further tenders. The petitioner contended that the blacklisting orders were passed arbitrarily, illegally, and unreasonably, without proper justification or adherence to principles of natural justice, thereby violating his fundamental right to carry on business under Article 19(1)(g) of the Constitution. Invoking the writ jurisdiction under Article 226, the petitioner sought a writ of certiorarified mandamus to quash the impugned orders and a consequent direction to the respondents to permit his firm to take part in all future tenders. The matter was heard and reserved on 24.01.2025. The complete reasoning and final decision of the court are not available in the extracted text.
Issue of Consideration
Whether the blacklisting orders passed by the second respondent are arbitrary, illegal, and unreasonable, and whether certiorarified mandamus should issue
