SIS LIMITED Vs. ALL INDIA INSTITUTE OF MEDICAL SCIENCES, RISHIKESH, VIRBHADRA ROAD, RISHIKESH, UTTARAKHAND-249 203, INDIA

JUDGEMENT

(1.) In this writ application, the petitioner has prayed for a writ in the nature of certiorari for calling of the records and quashing the Limited Tender Document for Outsourcing of Security Services at All India Institute of Medical Sciences, Rishikesh (hereinafter referred to as 'AIIMS, Rishikesh' for brevity) Reference No. 24/642/Security Services /2022-Rish (Admin) dtd. 8/6/2022, i.e. Annexure-1 to the writ petition on the ground that the petitioner, which is having a license to provide security facilities to institutions, was prohibited / prevented from applying in the tender in view of the fact that the said petitioner did not have the sponsor / permission of the Directorate General of Resettlement.

(2.) Mr. Anupam Kishore Sinha, the learned counsel appearing for the petitioner, very elaborately argued and submitted that limiting tender only to agencies certified and sponsored by the Directorate General of Resettlement is violative of Articles 14 and 19(1) of the Constitution of India, and, therefore, it should be struck-down. He relied extensively on the reported cases of the Hon'ble Supreme Court in Rashbihari Panda Etc. vs. State of Orissa, (1969) 1 SCC 414; Comptroller and Auditor-General vs. Kamlesh Vadilal Mehta, (2003) 2 SCC 349, and the reported case of G4S Security Services (India) Pvt. Ltd. vs. Director Government of India Ministry of Heavy Industries and Public Enterprises Department of Public Enterprises and Ors, CLT (2009) Supplementary 137, a judgment of the Division Bench of the Orissa High Court, rendered by the then Acting Chief Justice of that Court.

(3.) It is very emphatically contended by the learned counsel for the petitioner that if the tender is limited only to the DGR sponsored schemes, then it would be violative of the fundamental rights.