Shri Saibaba Sansthan Shirdi Through Incharge Chief Executive Officer vs. The State Of Maharashtra And Others

Held

The Court held that in view of the emergent situation and the acute shortage of oxygen faced throughout the State, and given that the applicant is catering to COVID-19 patients, permission is granted to deviate from the normal procedure of inviting tenders. Instead, the applicant is permitted to invite quotations from suppliers for the installation of an Oxygen Generation Plant at Sainath Hospital. The Court directed that the applicant should consider the experience of the supplier and the time period for installation, emphasizing that the plant must be installed on a priority basis and made operational at the shortest possible time. The applicant was also directed to obtain requisite permissions and comply with all other legal requirements. The Court further suggested that if excess oxygen could be supplied after meeting the Trust's patients' needs, it may be supplied to Government Hospitals catering to COVID-19 patients. The Civil Application was disposed of accordingly.

Facts

The petitioner, Shri Saibaba Sansthan Trust Shirdi, filed a civil application seeking permission to deviate from the normal tender procedure and instead invite quotations for installing an Oxygen Generation Plant at Sainath Hospital. The Trust, which runs hospitals catering to COVID-19 patients with approximately 450 beds, highlighted the urgent need for oxygen due to the pandemic. The State and the country were facing a severe shortage of oxygen. The approximate cost for the plant was stated to be Rs. 1,60,00,000/- + GST. The application was filed in the context of Public Interest Litigation No. 120 of 2019.

Key Issues

1. Whether the applicant should be permitted to deviate from the standard tender process and invite quotations for the installation of an Oxygen Generation Plant, considering the emergent situation arising from the COVID-19 pandemic and the acute shortage of oxygen. Petitioner's Contention: The petitioner argued that the installation of an Oxygen Generation Plant was a critical necessity due to the ongoing COVID-19 pandemic and the severe shortage of oxygen. They sought permission to bypass the usual tender process and directly invite quotations to expedite the installation and address the immediate need of COVID-19 patients. Revenue/State's Contention: The judgment records no specific argument from the State/Revenue regarding this issue. The Court acknowledged the emergent situation and the need for immediate action.