Bahra University

Shimla: Himachal Pradesh High Court has stayed all further proceedings pursuant to the Tender notice inviting e-tenders for providing/distribution of cooked diet to the indoor patients of Indira Gandhi Medical College and Hospital (IGMC) and associated hospitals. 

A Division Bench comprising Acting Chief Justice Ravi Malimath and Justice Jyotsna Rewal Dua passed these orders on a writ petition filed by one Yadupati Thakur, who has alleged that initially the patient canteen at IGMC Hospital, Shimla was being run by the RKS, IGMC and Hospital, Shimla, but thereafter, respondent authorities decided to outsource the said canteen, thereby putting the burden on the public exchequer.  He has alleged that e-tenders in this regard were floated vide tender notice dated 20 July 2020 and the outsourcing has been done in an inappropriate and illegal manner by ignoring the requisite terms and conditions. 

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He has also alleged that necessary approval of the government before finalization of the tender was not taken and moreover the firm to whom the tender has been awarded is not eligible as per the tender document, as the same has been blacklisted by one of the offices of Government of India that is the Indian Institute of Advance Studies. 

He has alleged that the whole tender process smacks malafide intentions of the respondent authorities.

The court observed that prima facie, the entire tendering process is erroneous as the tender is not called for any specified volume of business, whereas it is stated in the tender document, that the tenderer should assess the volume of business himself by visiting the hospital under intimation to hospital authorities. The Court said that the tender should always be called for a specific purpose for a specific quantity and it cannot be left to the discretion of the tenderer. 

The Court further observed that as per record, the approval of the Government has been taken after the finalization of the tender and hence, the Court is of the view that calling for the tender and proceeding further, may not be in accordance with the law.

The Court posted the matter after two weeks. 

15 august 2021