BEDI AND BEDI ASSOCIATES Vs. MCD

JUDGEMENT

(1.) THE writ petition was filed claiming that the petitioner, a sole proprietary of a retired Military Officer, was engaged in supply of manpower and human resources to the various government organizations since the year 1986; that in October, 2004 the petitioner had participated in the open tender invited by the respondent MCD for empanelment of contractors for providing Data Entry Operators to the respondent MCD; that the petitioner was so empanelled and from October, 2004 onwards as an empanelled contractor was receiving requisitions from various departments of the respondent MCD and providing them manpower to execute the work of Data Entry; that on 8th September, 2007 the respondent MCD issued a fresh advertisement for empanelling the contractors for providing Data Entry Operators; that the petitioner '10,000/- participated in the said tender and also deposited as security; that the respondent MCD however neither declared the result of the said tender nor refunded the sum of '10,000/- deposited by the petitioner till the filing of the petition; that the petitioner had learnt that the respondent MCD has abandoned the said tender and decided to allocate the work only to the companies empanelled with Govt. of NCT of Delhi for providing Data Entry Services; that on 25th April, 2008 the respondent MCD had issued a circular intimating empanelment of only four firms for providing Data Entry Operators to all departments of the respondent MCD. Upon representations of the petitioner to the respondent MCD not meeting with any success, this writ petition was filed contending that the respondent MCD could not without open tender select the persons for rendering the said services. THE relief of quashing of the circular dated 25th April, 2008 (supra) and mandamus to the respondent MCD to carry out exercise of empanelment of contractors for the said purpose by inviting open tender has been claimed.

(2.) NOTICE of the petition was issued. On the plea of the petitioner that its Data Entry Operators till the filing of the writ petition were still working for various departments of the respondent MCD, it was also ordered that the circular dated 25th April, 2008 shall not come in the way of the petitioner supplying Data Entry Operators to the various departments of the respondent MCD on the terms already applicable. The said interim order was made absolute on 15th September, 2009.

(3.) IN view of the aforesaid subsequent event of the circular dated 25 th April, 2008 impugned in this petition having been discharged, the relief qua the circular dated 25th April, 2008 does not survive.