Madras High Court
… vs The Secretary on 18 June, 2024
Author: Anita Sumanth
Bench: Anita Sumanth
WP.No.33586 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.06.2024
CORAM
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
WP.No.33586 of 2023 and
WMP.Nos.33394 of 2023 & 2842 of 2024
GA Digital Web Word Pvt. Ltd.,
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Deepak Elango, S/o.Elango,
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Kaviarasu Kannadasan Nagar,
Chennai – 600 118.
… Petitioner
Vs
1.The Secretary
Ministry of Labour and Employment,
Shram Shakti Bhavan,
Rafi Marg, New Delhi – 110 001.
2.The Chief Executive Officer,
Government e-Market Place,
3rd Floor, Jeevan Bharti,
Connaught Ln, Janpath,
Connaught Place,
New Delhi – 110 001.
3.The Dean
ESIC Medical College and Hospital,
ESI Corporation,
KK Nagar, Chennai – 600 078.
https://www.mhc.tn.gov.in/judis
1
WP.No.33586 of 2023
4.The Deputy Director,
ESIC Medical College and Hospital,
ESI Corporation,
KK Nagar, Chennai – 600 078.
5.BVG India Limited,
Midas Tower, 4th Floor, Phase – 1,
Hinjawadi Rajiv Gandhi Infotech Park,
Hinjawadi, Pune,
Maharastra – 411 057
(R5 suo motu impleaded vide order
dated 30.11.2023 in WP No.33586/2023)
… Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
for the issuance of Writ of Mandamus directing the respondents 3 and 4
to consider the grievance of the petitioner dated 20.11.2023 and reverse
the disqualification and consequently direct the respondents to proceed
with the “Run L1 Selection” process as contemplated by the GeM
Guidelines in respect of the GeM Bid No. GEM/2023/B/3902490 dated
12.09.2023.
For Petitioner : Mr.A.K.Sriram, Senior Counsel
for Ms.R.Shase
For Respondents : Mr.V.Chandrasekaran (for R1 & R2)
Senior Panel Counsel
Mr.AR.L.Sundaresan, Senior Counsel
Assisted by
Mr.TNC.Kaushik, (for R3 & R4)
Standing Counsel
Mr.Suresh Ethiraj (for R5)
ORDER
https://www.mhc.tn.gov.in/judis 2 WP.No.33586 of 2023 Read this order in continuation of and in conjunction with order dated 07.02.2024.
2.The respondents have filed an affidavit dated 18.06.2024 and paragraphs 5 and 6, being the operative portion, read thus:
'5.It is respectfully submitted that the tenure of the tender is 12 months covering a service period from 01.12.2023 to 30.11.2024. Out of the said tenure, a period of about 7 months have elapsed. Further, the requirement of Human Resource services has changed due to various contingencies like Annual General Transfer, increase of bed strength and expansion of services etc in the respondent Medical College & Hospital.
6.It is respectfully submitted that in consideration of overall administrative interest and to conclude the ongoing litigation on the GeM Bid No:GEM/2023/B/ 3902490 dated 12.09.2023 which is under challenge vide this writ petition, it is humbly prayed that the competent authority i.e 3rd Respondent may be permitted to go for a fresh tender as per the requirements envisaged and in the meanwhile 3rd Respondent may also be permitted to continue with the interim arrangement as directed vide the interim order dated 07.02.2024 until the new service provider is finalized through the fresh tender.'
3.This arrangement is acceptable to the petitioner as conveyed by Mr.A.K.Sriram, learned Senior Counsel, on instructions from the learned counsel on record for the petitioner. Hence, the concurrence of the petitioner to continue the arrangement for the present is recorded.
4.R3 is directed to initiate the process of tender afresh, and https://www.mhc.tn.gov.in/judis 3 WP.No.33586 of 2023 forthwith, and conclude the same within a period of three (3) months from today. The petitioner may also participate in the same, if it so desires. The present arrangement, as recorded under order dated 07.02.2024 shall continue for a period of three months from today or till conclusion/finalisation of the tender proposed afresh, whichever is earlier.
5.Recording the above, this writ petition and connected miscellaneous petitions are closed. No costs.
18.06.2024 vs Index:Yes/No Speaking order/Non-speaking order Neutral citation:Yes/No Note:Issue order copy on or before 20.06.2024.
To
1.The Secretary Ministry of Labour and Employment, Shram Shakti Bhavan, Rafi Marg, New Delhi – 110 001.
2.The Chief Executive Officer, Government e-Market Place, 3rd Floor, Jeevan Bharti, Connaught Ln, Janpath, Connaught Place, New Delhi – 110 001.
3.The Dean ESIC Medical College and Hospital, ESI Corporation, KK Nagar, Chennai – 600 078.
https://www.mhc.tn.gov.in/judis 4 WP.No.33586 of 2023
4.The Deputy Director, ESIC Medical College and Hospital, ESI Corporation, KK Nagar, Chennai – 600 078.
https://www.mhc.tn.gov.in/judis 5 WP.No.33586 of 2023 DR.ANITA SUMANTH,J.
vs WP.No.33586 of 2023 & WMP.Nos.33394 of 2023 & 2842 of 2024 18.06.2024 https://www.mhc.tn.gov.in/judis 6