Authority: High Court at Calcutta (Constitutional Writ Jurisdiction)
Order Date: 30 September 2026
Case Overview
- Petitioner: ICHOR Biologics Private Limited filed W.P.A. No.20748 of 2026 challenging rejection of its technical bid in an e‑tender dated 30 July 2026 for collection of excess Fresh Frozen Plasma from State Government Blood Centres in West Bengal.
- Respondents: State of West Bengal and others; represented by Advocate General and counsel.
- Tender required a valid licence for manufacturing plasma‑derived products approved by the Licensing Authority.
- ICHOR submitted its original licence (valid till 31 March 2026) and later a renewal licence (Form 26‑I) dated 22 June 2026, issued by the State Licensing Authority but pending endorsement by the Central License Approving Authority (CLAA).
- The Technical Bid Evaluation Committee disqualified ICHOR on 24 July 2026 as “Not Qualified Technically”. ICHOR sought reasons and a personal hearing, which were denied.
- Arguments: ICHOR contended the renewed licence was valid under Rules 122H, 122F, 122‑I of the Drugs Rules, 1945 and that CLAA endorsement was not a prerequisite. Respondents/Advocate General argued the tender eligibility clause required a licence “approved by the Licensing Authority”, interpreted as needing CLAA endorsement, which was absent.
- The Court examined the relevant provisions of the Drugs Rules, particularly Rule 68A, which makes the CLAA the decisive authority for grant or renewal of licences, and Rule 81 and Rule 122F concerning the licensing procedure.
Final Outcome
- The Court held that the renewal licence submitted by ICHOR had not been approved by the Central License Approving Authority and therefore did not satisfy the tender’s eligibility criteria.
- Accordingly, the technical disqualification was deemed lawful and the writ petition was dismissed.
Topics: Regulatory Compliance, Pharma Licensing