HC stays TMC tender on medical shops

One of the conditions was that the bidder must have a financial turnover of Rs 120 crore for the past three years; alleging discrimination, Thane NCP unit had urged authorities to cancel the tender

Observing that it was “unreasonable”, the Bombay High Court has restrained Thane Municipal Corporation (TMC) from opening financial bids for the tender it floated to run medical shops on contract basis at Rajiv Gandhi Medical College and Chhatrapati Shivaji Maharaj Hospital in Kalwa in Thane for which one of the condition was that the pharmacist must have an annual turnover of Rs 120 crore or more for the past three years.

A division bench of justices Gautam Patel and Madhav Jamdar, on Friday, stayed the opening of the financial bids, but allowed the corporation to open the technical bids.

The HC was hearing a petition filed by Renuka Malvade and Dinesh Bhagnani, who have their medical shops in Kalwa and Navi Mumbai respectively, through advocates Anant Vadgaonkar and Satish Ingale.

They had challenged the tender issued by the TMC to run medical shops on contract basis at Rajiv Gandhi Medical College and Chhatrapati Shivaji Maharaj Hospital in Kalwa in Thane alleging that the conditions were discriminatory and were favourable to a few pharmacists.

Their counsel N Bubna argued that the conditions in the tender floated in February this year stated that the joint venture to run the medical shop should have a minimum annual turnover of Rs 120 crore or more per year from such an activity for the last three years. Also, the bidder should have an existing medical shop in a government or semi government or private hospital of 100 beds in Thane Municipal zone.

This is clear discrimination, it was alleged in the petition filed by two different pharmacists, who have a separate annual turnover of Rs 15-20 lakh respectively.

Another condition was that the bidder should have 30 outlets in Mumbai/ Thane or its periphery. “It is not possible for a common pharmacist or medical shop owner to own 30 medical shops in Mumbai, Thane or its peripheral cities,” read the plea.

“The conditions are one sided to benefit certain bidders as it would disqualify the petitioners,” it added seeking setting aside of the discriminatory clauses in the tender.

Earlier, Thane NCP city president Anand Paranjape alleged that the tender for renting out the medical store would benefit only the well-known medical establishments and not the small medical dealers. Paranjape sent a letter to TMC chief Dr Vipin Sharma demanding to to cancel the tender.

On Wednesday, state housing minister Jitendra Ahwad in a tweet raised questions over the terms and conditions of the tender.

Speaking to the media Paranjape said, "The clauses of the tenders were stringent, which would not allow the small medical dealers to bid at all; only the big city based medical dealers would be allowed to sell medicines to the poor, he alleged.

Paranjape added, "The Thane NCP unit for many years has been demanding improvement in the management of the hospital. It is TMC's responsibility to provide better services to the poor patients. The contract of the agency operating the medical stores at CSM hospital ended in 2011 and the store has been closed for the last 10 years.

Similarly, there are several vacant posts which need to be fulfilled, including doctors. Our party has insisted that the medical store should start on a priority basis which will be beneficial for the poor, he said.