Ms Roche Diagnostics India Pvt Ltd v. Govt Doon Medical College Dehradun

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

HON'BLE THE CHIEF JUSTICE SRI MANOJ KUMAR GUPTA AND HON'BLE SRI JUSTICE SUBHASH UPADHYAY

WRIT PETITION (M/B) NO. 310 OF 2023

18TH JUNE, 2026

M/s Roche Diagnostics India Pvt. Ltd. …… Petitioner

Versus

Govt. Doon Medical College & another …… Respondents

Counsel for the petitioner : Mr Parikshit Saini, learned counsel

Counsel for the respondents : Mr. B.S. Parihar, learned Additional Chief Standing Counsel for the State

The Court made the following:

JUDGMENT: (Per Mr. Manoj Kumar Gupta, C.J.)

1)

The present writ petition has been filed seeking quashing of the order dated 23.09.2023, whereby the bid of respondent No. 2 was held to be responsive. On the previous date, the following order was passed : "1. Mr. Parikshit Saini, learned counsel for the petitioner.

¶2Mr. Gajendra Tripathi, learned Standing Counsel for the State of Uttarakhand.

¶3Mr. Dushyant Mainali, learned counsel for respondent no. 2.

¶4The petitioner has challenged the eligibility of respondent no. 2. We observe that in case respondent no. 2 is excluded, the petitioner would remain the sole bidder, and in which event the Department would have to go for fresh bidding process.

¶5Learned State Counsel seeks time to obtain instructions from respondent no. 1 on the said aspect, and if it is ready to go for fresh bidding process.

¶6As prayed by learned State Counsel, he is granted two weeks' time to complete his instructions on the said aspect.

¶7List after two weeks under the same caption."

2) Pursuant thereto, learned Standing Counsel has obtained instructions from the Principal, Government Doon Medical College, Dehradun, wherein it is stated as follows : "(1) That in year 2022 the Ministry of Health, Govt. of India – National Health Mission proposed to fund a project for installation of Maintenance Free Automated Analyzer on a reagent rental mode for nucleic acid testing / molecular testing facility for screening of HIV, HBV and HCV for maximizing the blood safety establishment of NAT / molecular testing facility in Kumaon and Garhwal Division of the Uttarakhand State.

(2) That pursuant to the award of project in Kumaon Division, the facility was established at Sushila Tiwari Govt. Medical College, Haldwani and a similar facility was required to be established at Govt. Doon Medical College, Dehradun.

(3) That as the considerable time has already elapsed and as per the observation of Hon'ble High Court, respondent No. 1 would wish to go for fresh bidding

process provided the Ministry of Health, Govt. of India – National Health Mission is still determined and agrees to fund the aforesaid project." 3)

In view of the above stand, the writ petition is dismissed as infructuous. 4)

Pending application(s), if any, also stand disposed of.

______________________

MANOJ KUMAR GUPTA, C.J.

_________________

SUBHASH UPADHYAY, J.

Dt: 18TH JUNE, 2026 Negi

HIMANS HU NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=bb3b60774012c1ef1dae20d13aa f116e73351fdaf6878326386908a7f90d575 7, postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990FC5 1A722A6BC552D470EB4FD2F88DDF7C18 DB2A1524A4D, cn=HIMANSHU NEGI Date: 2026.06.19 16:02:50 +05'30'