Hon'ble Judges/Coram:
Sanjay K. Agrawal

ORDER

Sanjay K. Agrawal, J.

1. The petitioner is a chemist and supplier of various types of drugs/medicines, whereas respondent No. 2 herein - All India Institute of Medical Sciences (AIIMS), Raipur, is one of the health care institutes established by Ministry of Health and Family Welfare, Government of India under the Pradhan Mantri Swasthya Suraksha Yojna (PMSSY) with the aim of correcting regional imbalances in quality tertiary level health care in the country and for attaining self-sufficiency in graduate and post-graduate medical education and training. In order to achieve its aim, the respondent AIIMS issued a global tender inviting applications for establishment of Chemist shop at AIIMS, Raipur and ultimately, upon completion of formalities, the petitioner's offer was accepted and letter of award was issued to the petitioner on 8-1-2013 and agreement was signed on 24-1-2014 to setup and operate 24 x 7 pharmacy/chemist shop within the premises of AIIMS, Raipur for supply of medicines/surgical consumables/implants/orthotic and prosthetic devices etc. on discounted rates with a condition of maximum accepted discount of 65.30% rebate on printed MRP inclusive of VAT. The petitioner was allotted 735 sq.ft. as earmarked on monthly rent of ` 48/- per sq.ft. and ultimately, shop was handed-over to the petitioner on 1-2-2014 and it is stated to have been made functional by the petitioner with effect from 17-2-2014. The said shop was allotted for a period of three years. The terms and conditions which is a part of the agreement provides a clause i.e. clause 4.04 which specifically provides that the contract shall initially be for a period of three years from the date of signing of contract, however, strictly on the basis of satisfactory performance, it may be extended for a further period agreed between the parties on same terms and conditions. Since the petitioner's term was going to expire on 23-1-2017, the petitioner made a request before the AIIMS authorities on 29-8-2016 for extension of agreement of the said shop for a further period which has been regretted by respondent No. 2 on 10-1-2017 leading to filing of a writ petition questioning the memo dated 10-1-2017, but later-on the writ petition was withdrawn with liberty to move fresh and by letter dated 2-5-2017, the petitioner's agreement for running the pharmacy store was extended till 31-10-2017 on the same terms and conditions as earlier agreed upon between the parties. Upon completion of six months, when fresh notice dated 25-10-2017 was served to the petitioner that no further extension can be granted and as per PMSSY Division, Ministry of Health and Family Welfare, New Delhi, a Jan Aushadhi Store is to be opened in the premises of AIIMS, Raipur, this writ petition has been filed feeling aggrieved and questioning that order.

2. It is the case of the petitioner that AIIMS is State within the meaning of Article 12 of the Constitution of India and it cannot act arbitrarily in awarding the said shop to M/s. HLL Lifecare Limited which is already running a pharmacy store in the name of Amrit Pharmacy and if at all, a Jan Aushadhi Store is to be opened, it can be opened in the same premises which is allotted to M/s. HLL Lifecare Limited. Such an action of the respondents in getting the pharmacy store allotted to the petitioner being vacated for allotting the same to M/s. HLL Lifecare Limited will not only give rise to monopoly of M/s. HLL Lifecare Limited, but also will be detrimental to the interest of poor patients who are getting benefited from the store run by the petitioner which is providing medicines at discounted rates of 65.30% on the printed MRP. It is also the case of the petitioner that the petitioner's performance is quite satisfactory and the petitioner has a valid and enforceable right to get the........