TARGET DETECTIVE & SECURITY FORCE Vs. SUPERINTENDENT CHIGATERI DISTRICT HOSPITAL, DAVANAGERE DISTRICT

JUDGEMENT

(1.) Heard Sri.Kashinath, learned counsel appearing for petitioner, learned Government Advocate appearing for respondents 1 to 3 and Sri.Ravindranath Kamath, learned counsel appearing for respondent No.4. Perused the records.

(2.) 1St respondent floated a tender on 21.11.2017 Annexure-E inviting applications from eligible Manpower Agencies for supply of non clinical cleaning staff and Group-D staff to serve at Chigateri General Hospital, Davanagere. The last date for submitting the tender forms was fixed as 19.1.2018 at 4.30 p.m. which was for a period of one year viz., 2017-2018. Petitioner and three (3) other Firms including 4th respondent herein submitted application pursuant to said tender Notification and technical bid came to be opened on 31.1.2018 in which proceedings the petitioner's application was treated as fully qualified as per the tender terms.

(3.) It is the grievance of the petitioner that as per the condition imposed under the tender Notification, bidders are required to produce certificate issued by the Labour Department for having capacity to serve the establishment with minimum 200 staff and petitioner alone had produced said document issued by the Labour Department and 4th respondent had produced a certificate having 99 staff capacity and remaining applicants had not submitted relevant documents along with their tender application. Yet the tender was finalized and work order came to be issued in favour of 4th respondent on 31.1.2018 and same is contrary to the terms prescribed under tender notification and as such, it is bad in law.