M/S Rakesh Kumar vs. State Of Hp And Others

Held

The Court held that the petitioners had no locus standi to challenge the tender notice dated February 13, 2019 (Annexure P-2) for catering services at Pandit Jawahar Lal Nehru Government Medical College and Hospital, Chamba, as their eligibility was not disputed. Therefore, the relief sought in this regard was declined as misconceived. Regarding the tender notice dated February 18, 2019 (Annexure P-3) for Shri Lal Bahadur Shastri Government Medical College and Hospital, Mandi, the Court considered the hospital's present and estimated bed capacity. The Court found that the eligibility conditions prescribed in the tender document, such as requiring the bidder to be a legally valid entity, registered under various laws including GST, having clearances from relevant departments, being in existence for more than seven years, having experience in providing cooked diet services to at least 500-bedded hospitals for five consecutive years, and having an average turnover of more than ₹500 Lacs for the last three financial years, could not be held to be arbitrary per se. The Court reasoned that these conditions were prescribed in public interest to ensure the best facilities and care for indoor patients. The fact that the petitioners did not meet these criteria did not render the conditions illegal or arbitrary. The writ petition was accordingly dismissed.

Facts

The petitioners, M/s. Rakesh Kumar and another, filed a writ petition challenging two tender notices dated February 13, 2019, and February 18, 2019. The first tender notice (Annexure P-2) was for catering services at Pandit Jawahar Lal Nehru Government Medical College and Hospital, Chamba. The second tender notice (Annexure P-3) was for similar services at Shri Lal Bahadur Shastri Government Medical College and Hospital, Mandi at Nerchowk. During arguments, it was conceded that the petitioners were eligible for the tender in Chamba. Regarding the Mandi tender, the respondents informed the court about the hospital's current and projected bed capacity. The eligibility conditions for the Mandi tender were then detailed.

Key Issues

1. Whether the petitioners have the locus standi to challenge the tender notice dated February 13, 2019 (Annexure P-2) for catering services at Pandit Jawahar Lal Nehru Government Medical College and Hospital, Chamba, given their conceded eligibility? (Question of law) 2. Whether the eligibility conditions prescribed in the tender document dated February 18, 2019 (Annexure P-3) for Shri Lal Bahadur Shastri Government Medical College and Hospital, Mandi, are arbitrary and illegal, particularly in light of the hospital's current and estimated bed capacity? (Question of mixed law and fact) Petitioner's Arguments: The petitioners argued that the eligibility conditions for the Mandi tender were arbitrary and rendered them ineligible. They did not explicitly argue on locus standi for the Chamba tender, but their challenge to both notices implied a dispute over their validity. Respondent's Arguments: The State of Himachal Pradesh argued, through the Senior Additional Advocate General, that the petitioners were eligible for the Chamba tender, thus lacking locus standi to challenge it. For the Mandi tender, they submitted information on the hospital's bed capacity and contended that the eligibility conditions were not arbitrary, especially when prescribed in public interest to ensure quality patient care.