The state governments who have been insisting upon WHO GMP certificates from the drug manufacturers as an eligibility condition for participating in official tenders may have to go back on their insistence soon if the recent verdicts of the Uttaranchal and Andhra Pradesh High Courts are of any indication. In two separate instances of identical cases, the HCs have ruled against the stipulations of respective state governments and made clear that a manufacturer possessing valid license should be permitted to take part in government tenders, it is learnt.
The HCs have taken serious note of the practice of the government's tender conditions that include a World Health Organisation Good Manufacturing Practices Certificate. The petitioners had complained that despite possessing a valid license to manufacture and sell drugs, they were not permitted to participate in the tender process.
In its Order, the Uttaranchal HC rules that though WHO-GMP certificate is required for export purposes and the DGQA is required for the supply of medicines to defence department, it cannot be disputed that this is a competition bidding which postulate keen competitive and high-efficiency.
The degree of care required in such a bidding is greater than in ordinary local bids for small works. It is also essential to maintain sanctity and integrity of process of tender and also the public interest but at the same time it will have to be seen that the government of Uttaranchal has issued all necessary certificates which permit the manufacturer to manufacture and sell their medicine in open market from where the general public may purchase and use the same.
In this eventuality the state government cannot deprive the petitioners to participate in the tender process of supply of medicines to the government hospitals and dispensaries on rate contract, which will be ultimately distributed to the general public, the HC felt.
The court observed that such conditions are unfair, unreasonable and arbitrary.
In a similar case, the Andhra Pradesh HC also gave an interim-verdict against the government and ordered them to receive the tender of petitioners without insisting on WHO-GMP certificate.
In its interim order the HC directed the respondents - Govt of AP, Andhra Pradesh Health and Medical Housing and Infrastructure Development Corporation to issue and consider the same with other tenders without insisting of WHO-GMP certificate.
The High Court of Uttar Pradesh is also known to have awarded a stay on the requirement of possessing WHO GMP certificate in a tender for supply of medicines in the state.