CUTTACK: The Orissa High Court on Wednesday modified its stay order, allowing Odisha State Medical Corporation (OSMCL) to procure automatic biochemistry analysers from the selected companies in its earlier tender. The Court had issued a stay on finalisation of the tender after Transasia Bio-Medicals Ltd filed a petition challenging the process adopted for procuring the automated biochemistry analysers.
The Indian manufacturer had alleged that the tender violated the Government of India guidelines that mandated providing a level playing field for domestic companies. The Ministry of Health and Family Welfare had issued notification stating that USFDA certificate should not be insisted upon when Indian standards European standards are available.
Going against the norm, the OSMCL had made USFDA mandatory due to which bids of Indian manufacturers having all certifications except USFDA were rejected. Taking the contentions into consideration, the court had stayed the tender finalisation. However, the OSMCL moved an application for modification of the interim order on Wednesday.
Allowing OSMCL’s plea, the division bench of Justice SK Mishra and Justice AK Mishra said, "Keeping in view the present scenario, especially the pandemic and need for opening of different medical colleges and hospitals, where the instruments are necessary for collateral purpose, we are of the opinion that the order passed on March 16, 2020 should be modified."
"Accordingly, it is directed that the aforesaid order is modified to the extent that any action/procurement taken in bid dated January 4, 2020 by OSMCL shall be subject to result of this writ petition," the bench said in the order.