CONFIDENT DENTAL EQUIPMENT LTD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner - one Confident Dental Equipments Limited along with Shri Rajeev Shetty is before this Court being aggrieved by inaction of respondent No.2 -Gujarat Medical Services Corporation Limited who invited the tenders for purchase of 550 dental chairs. The grievance of the petitioner is set out in Para 2 of the petition which is reproduced for ready perusal : -

(2.) The matter was heard at length. Learned Senior Advocate Mr.Mihir Joshi for the petitioner submitted that it is a settled law that in the matters of awarding contract or for that reason awarding tender, there are professed standards and any deviation from such professed standards is not warranted and, therefore, not acceptable to law. In the present case, the learned Senior Advocate submitted that the tenders were invited and as a first step the technical scrutiny was to take place which did take place by the Committee appointed by respondent No.2 i.e. Gujarat Medical Services Corporation. The Committee consisted of as many as 13 members. That Committee submitted its report, a copy of which is produced at Annexure - R -2/2. The names of the members of the Committee are set out on the first page of the report. These 13 members were the nominees of four indenters. It is on record that the tenders were invited for purchase of in all 550 dental chairs. Of which 469 dental chairs were indented by Additional Director Medical Education having three Education colleges one at Siddhpur, second at Jamnagar and third at Ahmedabad. 50 dental chairs were indented by Additional Director Health, 28 dental chairs were indented by Additional Director Medical Services and three were indented by GMERC.

(3.) Learned Senior Advocate for the petitioner invited the attention of the Court to the report submitted by the first Committee at Annexure R - 2/2. The report pertains to dental chair of the petitioner which bears brand name of 'Confident Dental Equipments Limited' and the name of the model is 'Mookambika'. The learned Senior Advocate submitted that the Committee, after examining the chair (in technical scrutiny), was pleased to make following remark : - -