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5. It is averred that the appellant on 13.04.2022 learnt that in another matter viz., a public interest litigation, a division bench of this court had recorded the statement of Additional Advocate General about upgradation DIMHANS as higher psychiatry Center. An affidavit was filed on 04.03.2022 stating that MRI machine has been delivered to DIMHANS and the same shall be fully operational from 20.04.2022.

6. The appellant therefore, filed a writ petition on 16.04.2022 stating that the remedy of prosecuting an appeal under Section 16 of the Act has been rendered illusory and inefficacious. The appellant therefore, sought quashment of tender No.46 and Tender No.75. The appellant also sought the relief of setting aside the award of tender in favour of respondent No.5 as an agent of respondent No.5 for supply and installation of two 1.5 MRI machines on turn key basis for DIMHANS hospital. The learned Single Judge passed an interim order on 19.04.2022 recorded the submission made by learned Additional Government Advocate that pursuant to award of tender to respondent No.4, respondent No.4 has already executed the work and CT scanners have been installed.

A memo dated 5th March 2020 is taken on record. It corrects the factual statements made on page 2 of the memo dated 27th February 2020. It is an accepted position that the Dharwad Institute of Mental Health and Neurosciences (for short 'DIMHANS') does not have a CT scan machine. Moreover the post of a Medical Superintendent at DIMHANS is vacant for a considerable time. We direct the State Government to take immediate steps for procuring a MRI machine of requisite specifications for the use of DIMHANS. We grant time of six weeks to the State Government to provide a MRI machine of requisite specifications to DIMHANS. The post of Medical Superintendent in an important institution like DIMHANS cannot be kept vacant. We, therefore, direct the State Government to take all possible steps and ensure that the post is filled in within a period of three months from today. The memo dated 27th February 2020 states that the painting and renovation of DIMHANS is in progress and is hearly in completion. It is further stated that a day care centre for mentally ill persons has been started and is functioning at full strength. The work of painting and renovation of the hospital has to be completed immediately and preferably within a period of one month from today. The State will place on record the details of the patients to whom the benefit of day care centre has been provided. It must be also placed on record whether adequate staff is available to manage the day care centre and what is the nature of facilities available in the day care centre. On or before 17th April 2020, the State Government will file a report setting out the completion of work of painting and renovation of the hospital and all details regarding day care centre as stated above. The progress made in appointing the Medical Superintendent and procuring a MRI scan machine shall be also placed on record. A copy of the Government Order dated 6th September 2013 is taken on record. For considering the report which shall be filed on or before 17th April 2020, the petition shall be listed under the caption of Orders on 20th April 2020.
Thereafter, on 04.03.2022 the Principal Secretary, Health and Family Welfare Department filed an affidavit on 04.03.2022 stating that MRI machine has been delivered to DIMHANS and the same shall be fully operational from 20.04.2022.
Thus, the appellate authority has complied with the direction issued by this Hon'ble Court and has ensured supply of one MRI machine out of total of 3 tesla MRI, 1.5 tesla MRI and 128 CT Scanners each which had been tendered.

15. The appellate authority has in the aforesaid process of ensuring compliance with the orders of this court, has not adjudicated the issue raised by the appellant either with regard to irregularities in the tender or with regard to ineligibility of respondent No.4 on the ground that it is a company based in China. It is pertinent to mention here that the appeal before the Appellate Authority has been preferred after the filing of the affidavit dated 04.03.2022.