Oral ORDER Petitioner, which is a proprietary firm situated in the town of Muzaffarpur, claims to be an authorized stockist of pharmaceutical companies of Government of India as well as of private manufacturers of medicines for animals. Petitioner has raised grievance in respect of a tender notice issued by the respondents, vide Annexure-4 with the writ application, by which tender for medicinal items has been invited, for the first time, only from reputed pharmaceutical manufacturers, in exclusion of stockists and authorised dealers of the same companies. As per the counter affidavit, this notice is dated 16.07.2012. 2. The submission of learned counsel for the petitioner was that all Departments of the Government, in the matters of issue of tenders for purchase of items, have necessarily to follow the provisions of ‘Samagri Kharid Adhimanta Niti, 2002’ (for short, ‘the Purchase Policy’) as contained in Resolution No.3514 dated 28.09.2002 of the Industries Department (Annexure-1). He submitted that, as per this Purchase Policy, in matters of award of contract for supply of items, preference had to be given to the units of the State manufacturing the items. However, in case items for purchase were being manufactured outside the State, the local agents or authorized dealers of the manufacturing units, having corporate office or registered office in the State had to be given preference. He submitted that this was precisely for the reason that there may not be any loss of revenue to the State in purchase of items being manufactured by the units outside the State. He submitted that this Purchase Policy had been followed by the Animal Husbandry Department in the last tender issued in 2008, vide Annexure-2, in which tenders were invited from the manufacturers as well as from their authorized suppliers. He submitted that petitioner earlier had been four times successful bidder in supply of medicinal items to the Department to the satisfaction of all. He submitted that so far as non-medicinal items are concerned, this Policy has been followed by the respondents this year also vide Annexure-3. However, without any rationale, for supply of medicinal items, Department has excluded the authorized suppliers of manufacturing companies from submitting their tender. He submitted that this exclusion has no rationale and is clearly in the teeth of the said Purchase Policy. However, without any rationale, for supply of medicinal items, Department has excluded the authorized suppliers of manufacturing companies from submitting their tender. He submitted that this exclusion has no rationale and is clearly in the teeth of the said Purchase Policy. He also submitted that tender has not been invited in local newspapers and has been published only on the notice board of the Department and on website, which is in contravention of clause 131 (Ja) of the Bihar Finance Rules, 2005. 3. A counter affidavit has been filed in this case on behalf of the respondents in which it has been stated that tender has been published in two national daily newspapers having wide circulation, namely, “Hindustan” and “Danik Jagran”. It has also been stated that calling for tenders strictly from medicine manufacturing companies directly is to ensure supply of quality product and hence exclusion of any other category of applicants from submitting tender is perfectly legal and valid. It is also stated that Purchase Policy relates to purchase of local made items produced by the small scale industries and hence it does not apply on purchase of medicinal drugs. 4. It cannot be disputed that Government Departments have the liberty to regulate and control the purchase of items for its use by its offices. But the said Purchase Policy shows that it has to be in the manner indicated therein. The Purchase Policy lays down a detailed procedure for inviting tenders, consideration of technical and financial bids and its acceptance, deposit of earnest money and executing contract and issuing work orders. But the said Purchase Policy shows that it has to be in the manner indicated therein. The Purchase Policy lays down a detailed procedure for inviting tenders, consideration of technical and financial bids and its acceptance, deposit of earnest money and executing contract and issuing work orders. In context of issue raised in this writ application, it may be useful to reproduce relevant part of the said Purchase Policy hereinbelow:- ÞjkT; ljdkj us ;g Hkh fu.kZ; fy;k gS fd jkT; ds o`gr@e/;e m|ksxksa }kjk mRikfnr lkexzh dks Ø;ksa esa ckgj ds m|ksxksa dh rqyuk esa] izkFkfedrk ,oa vf/kekurk nh tk;A 2- rnuqlkj vc ;g fu.kZ; fy;k x;k gS fd lHkh foHkkxksa@fuxeksa@izkf/kdkjksa@i’kZnksa@Lok;Ùk laLFkkvksa }kjk lkexzh Ø; esa fcgkj jkT; esa vofLFkr m|ksxksa dks rkRdkfyd izHkko ls fuEu fj;k;rsa nh tk;saxh ,oa fuEu lHkh izko/kku ykxw gksaxs %& ¼1½ izR;sd foHkkx }kjk tks Hkh fufonk;sa fudkyh tk;sxh muesa ;g izko/kku vfuok;Z gksxk fd lHkh fufonk;sa fcgkj esa fLFkr bdkbZ;ksa ;k jkT; ds ckgj mRiknujr bdkbZ;ksa ds LFkkuh; dkjiksjsV dk;Zy;@ LFkkuh; dk;kZy;@,tsaV@izkf/kd`r Mhyj }kjk] tks fcgkj okf.kT;&dj esa fucaf/kr gks] }kjk gh nh tk;sxh rkfd] tgk¡ ,d vksj] fcgkj jkT; dks okf.kT;&dj vkfn tSls lHkh ns; dj izkIr gksa ogha] nwljh vksj] fufonk esa Hkkx ysusokyh lHkh bdkbZ;ksa ij fcgkj jkT; esa ns; dj le:i ykxw gks vkSj fcgkj jkT; esa LFkkfir bdkbZ;ksa dks] jkT; ds ckgj dh bdkbZ;ksa dh rqyuk esa] dj vlekurk ds vk/kkj ij dksbZ uqdlku u gksA ¼ii½ mi;qZDr ds v/khu] tc dHkh jkT; ds ckgj dh bdkbZ ls lkexzh dh [kjhn dh tk;sxh rks ,sls Ø;kns”k ds fo:) lkexzh dh vkiwfÙkZ mldh LFkkuh; “kk[kk@,tsaV@ izkf/kd`r Mhyj ds ek/;e ls gh dh tk;sxh vkSj ;g lqfuf”pr fd;k tk;sxk fd bl [kjhnxh ds fo:) fcgkj jkT; ns; djksa dk Hkqxrku dj fn;k x;k gSAÞ (emphasis supplied) 5. It is true that Purchase Policy was formulated by the Government to give preference to cottage and small scale industries and manufacturing units of the State. But extract of the Purchase Policy, as reproduced hereinabove, shows that, in every tender, it had been made compulsory that tenders were to be received from the manufacturing units of the State or, in case of items of manufacturing units of outside State their local agents or authorized dealers only having their corporate office or registered office in the State duly registered for Bihar Commercial Taxes. The extract above shows that this was precisely for the reason that the State Government may not be at the risk of revenue loss. A bare reading of clause (2) paragraph 2 of the Purchase Policy also makes it further clear that the Policy was not confined to cottage industries and small scale industries of the State but was also in respect of purchase of items from medium scale and large scale industries situated outside the State. In the circumstances, stand of the respondents in the counter affidavit that Purchase Policy is not applicable in case of purchase of medicinal items by Animal Husbandry Department is incorrect. 6. Now that this Court has come to the conclusion that the said Purchase Policy applies in the case of purchase of medicinal items also by the Department, the tender notice issued by the Department for purchase of non-medicinal items, vide Annexure-4, is clearly in the teeth of this Policy. 7. In the circumstances, this Court has no other option than to allow this writ application. However, instead of quashing the said tender notice, as contained in Annexure-4, which is said to be dated 16.07.2012, this Court directs the Department of Animal Husbandry to immediately issue a corrigendum to the said tender notice in the same newspapers, in which the original notice had been issued, and also on the website and notice board of the Department, inviting the authorized agents and suppliers of the manufacturing units outside the Bihar also to submit tenders if they desired. Corrigendum shall also indicate a fresh last date for receipt of the tender and on receipt of the same, the Department shall follow the procedure laid down in the said Purchase Policy for finally executing the contract and issuing purchase orders in accordance with law. 8. The writ application is, accordingly, allowed in the manner indicated above.