Ministry of Health restrained from awarding condom supply contract

The Supreme Court on Wednesday restrained the Ministry of Health and Family Welfare from awarding a contract for supplying condoms to any company as of now. The order was passed on a plea by JK Ansell Ltd, a 50:50 joint venture between JK Chemicals (a group company of Raymond Ltd) and Australia-based Ansell International, which has been marketing condoms under the brand Kamasutra since 1991. A bench headed by Justice B N Agarwal while issuing notice to the Centre and six others -- Polar Pharma, Indus Medicare, Cupid Ltd, Medtech products, Mercator Healthcare and Hevea Fine Products -- restrained the Ministry of Health and Welfare from awarding the contract to any firm. With today's directions, the apex court also stayed the Delhi High Court's interim order that asked the ministry to consider the bids of these six firms, "without taking into account the new eligibilty clauses in the tender notice". The tender quantity in dispute is only a small fraction of the total purchases of condoms as 75 per cent of the requirement is being met by the Central government undertaking Hindustan Latex Ltd. The High Court passed the order without hearing it and the same affected J K Ansell's "vital rights and interest" and also amounted to granting relief at the interim stage, senior counsel S Ganesh, appearing for the firm, alleged. Even though Polar Pharma did not fulfil the basic eligibility conditions, the High Court had directed the government to consider its bid, the petition filed through K J John & Co stated, adding the petitioner supplied condoms to over 34 countries across globe and had been supplying to the Ministry since 1993.

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