Baldev Kumar vs State Of H.P. & Another

Tarlok Singh Chauhan, J

The instant writ petition has been filed for grant of following reliefs:Â​

“(i) That writ in the nature of certiorari may kindly be issued by quashing the impugned rejection letters dated 28.09.2020 (Annexure PÂ4)

uploaded in the official website of the respondents department on 19.10.2020 passed by the eÂtender opening committee of the Hospitals i.e. Civil

Hospital Dehra, Civil Hospital Kangra and Civil Hospital Nurpur, Distt Kangra, Himachal Pradesh.

(ii) That writ in the nature of certiorari may kindly be issued by quashing the condition number 2 mentioned under the heading B. Eligibility Criteria for

Bidding Firms/Agencies in the page 6 of the tender documents of the Hospitals i.e. Civil Hospital Dehra, Civil Hospital Kangra and Civil Hospital

Nurpur, Distt Kangra, Himachal Pradesh.

(iii) That writ in the nature of mandamus may very kindly be issued by directing the respondents to open the financial bid of the petitioner Firm in case

the said Firm comes as lowest bidder in the financial bid and further directed the respondents to award the tender in favour of the petitioner firm.â€​

Learned Senior Additional Advocate General has placed on record the instructions dated 4.01.2021 (dated 04.01.2020 wrongly typed in the

instructions), relevant portion whereof reads as under:Â​

“In this regard, it is humbly submitted that as per one of the terms & conditions laid down in the eÂtender document w.r.t eligibility criteria for

bidding firms/agencies, point No.2, it has been laid down that “it must be empanelled/registered with DGR or under Private Security Agencies

(Regulation) Act, 2005 or under any other acts as private security agency as required by law and as per rules in force and should be valid at least 12

months from the date of opening of tender.â€​

It is submitted that as per record, the petitioner at the time of opening of tender document was having the license issued by competent authority which

was valid for a period of 5 years w.e.f. 03.11.2015 to 02.11.2020 i.e. less than a period of one year after the opening of tender on 02.03.2020. As

such he was not technically qualified by the Distt. Level Committee, Kangra as constituted for the purpose.

However, it is very humbly submitted that keeping in view the fact of the petitioner already having been possessed with the valid license at the time of

uploading of the tender and its further opening on 02.03.2020, as also the fact of his having already been allowed for the renewal of his license in the

year May 2020 as per his version (though there is nothing on record whether the license stood renewed till date or not by the authority concerned), as

also in view of the ongoing COVIDÂ19 pandemic, as a special measure, it has been decided and recommended by the State level Committee that the

petitioner be provisionally allowed to participate technically as per the e tenders submitted by him earlier and further opened during the March, 2020

(i.e. during the tenure of valid license upto 02.11.2020) & further by not disqualifying him technically as per the above condition as mentioned at Point

No.(2) as narrated above, however, subject to the final outcome of CWP No.4758/2020 & further with the condition that he has to produce the

renewed license after 02.11.2020 by the competent authority by 20.01.2021 positively.â€​

It is evident from the aforesaid instructions that the grievance of the petitioner stands redressed, therefore, the instant writ petition is disposed of

with a direction to the respondents to strictly adhere to the instructions so imparted to the Court. Pending miscellaneous application(s), if any, shall also

stand disposed of.