Chattisgarh High Court
M/S Ch. Philip Caterers vs State Of Chhattisgarh on 13 December, 2022
Bench: Arup Kumar Goswami, Sanjay Agrawal
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WP(C) No. 3277 of 2022
M/s. Ch. Philip Caterers, Proprietor Shri Ch. Philip, Age 45 years, S/o
Late Ch. John, Resident and office at Behind Tagore School Sector-1,
Shivanad Nagar, Khamtarai, Raipur, District - Raipur (C.G.)
---- Petitioner
Versus
1. State of Chhattisgarh, Through the Secretary, Depart of Health &
Medical Education, Mantralaya, Mahanadi Bhawan, Naya
Raipur, P.S. Rakhi, District - Raipur (C.G.)
2. The Director, Directorate of Medical Education, Old Nurses
Hostel, D.K.S. Bhawan Campus, Raipur, District - Raipur (C.G.)
3. The Additional Director, Office of the Directorate of Medical
Education, Old Nurses Hostel, D.K.S. Bhawan Campus, Raipur,
District - Raipur (C.G.)
4. M/s Jalaram Food Company, Through its Proprietor Shri Purna
Chandra Nayak, S/o Shri Sone Nayak, Resident of office at Bajaj
Colony, New Rajendra Nagar, Raipur, District - Raipur (C.G.)
---- Respondents
(Cause Title taken from Case Information System) ________________________________________________________ For Petitioner : Mr. Jitendra Nath Nande, Advocate For Respondents : Ms. Astha Shukla, Government Advocate Date of Hearing : 25.11.2022 and 07.12.2022 Date of Judgment : 13.12.2022 ________________________________________________________ 2 Hon'ble Mr. Arup Kumar Goswami, Chief Justice Hon'ble Mr. Sanjay Agrawal, Judge C A V Judgment Per Arup Kumar Goswami, Chief Justice Heard Mr. Jitendra Nath Nande, learned counsel for the petitioner. Also heard Ms. Astha Shukla, learned Government Advocate, appearing for the respondent Nos. 1 to 3.
2. The petitioner, who is a catering contractor and engaged in business of dietary and other allied services, responded to a Notice Inviting Tender, for short, 'NIT' No. 57619 (Expression of Interest) dated 18.10.2019 issued by the Director, Medical Education, Raipur for providing dietary and its related services in six Government Medical Colleges in the State of Chhattisgarh. Being the successful tenderer, the petitioner was alloted work order on 03.06.2020 for two hospitals, i.e., Dr. B.R. Ambedkar Memorial Hospital attached with Pt. Jawahar Lal Nehru Memorial Medical College, Raipur and Government Hospital, Bilaspur, attached with Chhattisgarh Institute of Medical Sciences (CIMS), Bilaspur.
3. An agreement was executed by the petitioner with the Director, Medical Education, Raipur and another one with Joint Director and Superintendent, CIMS, Bilaspur, on 10.06.2020. It is pleaded in the writ petition that Directorate of Medical Education Department had written a letter to the Joint Director and Superintendent of the Government Hospitals that aforesaid NIT No. 57619 was put to challenge Writ Petition (C) No. 1194 of 2020 and therefore, further 3 proceedings in relation to the above tender should be deferred until further orders. The said writ petition was filed by one Jalaram Food Company, who is arrayed as respondent No.4 in this writ petition.
4. It is pertinent to mention that by an order dated 29.09.2022, notice was deemed to be served on the aforesaid respondent and none had appeared for the respondent No.4.
5. Writ Petition (C) No. 1194 of 2020, however, was dismissed as withdrawn on 03.07.2020. On such withdrawal of the writ petition, the petitioner submitted a representation dated 17.07.2020 to the Director, Medical Education, Raipur and Joint Director and Superintendent of CIMS Hospital, Bilaspur bringing to their notice such withdrawal and requesting them to take further steps in the matter for issuing necessary work orders for providing dietary services as inspite of the petitioner having been awarded the work contract on 03.06.2022, no work orders had been issued by the concerned offices of the hospitals. Subsequently, the Upper Secretary to the Government of Chhattisgarh, Medical Education Department issued a letter dated 21.07.2020 to the Director, Medical Education, Raipur informing him that due to irregularities found in the tender process of security services, tender for dietary work dated 18.10.2019 was cancelled.
6. In pursuance of the aforesaid letter dated 21.07.2020, the Additional Director, Directorate, Medical Education, Raipur issued an order dated 29.07.2020 cancelling the work order for supply of dietary items in the hospitals attached to the Medical Colleges of Chhattisgarh. 4
7. The petitioner had assailed the aforesaid orders dated 21.07.2020 and 29.07.2020 by filing a writ petition, registered as WP(C) No. 1792 of 2020. In the aforesaid writ petition, this Court by an order dated 17.08.2020, had directed that status-quo as on that date with regard to supply of dietaries at CIMS, Bilaspur, shall be maintained till the next date of hearing fixed on 21.08.2020. Subsequently, the interim order was extended from time to time.
8. The writ petition filed by the petitioner being WP(C) No. 1792 of 2020 was disposed of by an order dated 22.08.2022 as infructuous. However, the petitioner was allowed to continue till such time fresh work order is issued.
9. Accordingly, the petitioner is continuing to supply dietary articles in CIMS, Bilaspur.
10. The grievance expressed in the writ petition is that though the respondent No.4 was an unsuccessful bidder in respect of Dr. B.R. Ambedkar Memorial Hospital, Raipur, he is allowed to provide dietary services in Dr. B.R. Ambedkar Memorial Hospital, Raipur.
11. In the present writ petition, the following prayers are made by the petitioner :
"10.1 That, this Hon'ble Court may kindly be pleased to call for the entire original records concerning with the present case.
10.2 That, this Hon'ble Court may kindly be pleased to issue appropriate writ directing the respondent authorities 5 to award work contract for providing dietary services at Pt.J.N.M Medical College Hospital, Raipur and its associated hospital as per the Tender Allocation Order dated 03.06.2020, in the interest of justice. 10.3 That, this Hon'ble Court may kindly be pleased to direct the Respondent Authorities to consider the petitioner's representation and decide the matter in expeditious manner and award the work contract for dietary services as per the tender notified earlier. 10.4 That, the Hon'ble Court may kindly be pleased to pass an appropriate order and direct the respondent authorities to restrain the Respondent No. 04 who is currently providing dietary services illegally and without any standing order in his favour, in the interest of justice. 10.5 Any other relief, which the Hon'ble Court deems fit and proper looking to the facts and circumstances of the case, may also be granted."
12. During the course of submission, Ms. Astha Shukla, learned Government Advocate, appearing for respondent Nos.1 to 3, submitted that a fresh NIT was issued on 21.10.2022. The bid opening date, which was fixed on 09.12.2022, had subsequently been deferred to 16.12.2022.
13. As the tender process, following which the work order dated 03.06.2020 was issued to the petitioner, has been cancelled and the challenge made by the petitioner to such cancellation in WP(C) No. 1792 of 2020 was also held to be infructuous, prayers made at 6 paragraphs 10.2 and 10.3 cannot be acceded to.
14. When entire tender process has been cancelled, it cannot be said that the petitioner was the successful bidder or that the respondent No.4 was unsuccessful bidder in respect of Dr. B.R. Ambedkar Memorial Hospital, Raipur.
15. Supply of dietary articles in a hospital is most essential. It is relevant to note that the petitioner was the existing contractor when the tender notice dated 18.10.2019 was issued in respect of CIMS, Bilaspur and that the respondent No.4 was the existing contractor in respect of Dr. B.R. Ambedkar Memorial Hospital, Raipur. It, thus, appears that the respondent No.4 is identically situated to the petitioner inasmuch as both of them were the respective contractors for supply of dietary articles at CIMS, Bilaspur and Dr. B.R. Ambedkar Memorial Hospital, Raipur, respectively, at the time when the NIT dated 18.10.2019 was issued. Therefore, grant of prayer made at paragraph 10.4 is not called for.
16. In view of the above discussion, we find that there is no merit in the writ petition and accordingly, the same is dismissed.
17. However, before parting with the records, we would like to observe that since the NIT has been issued, the respondents are expected to take the process to a logical end as expeditiously as possible.
Sd/- Sd/-
(Arup Kumar Goswami) (Sanjay Agrawal)
CHIEF JUSTICE JUDGE
Chandra