BVG INDIA LTD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner who was awarded a contract by the respondent-Navi Mumbai Municipal Corporation (for short 'the Corporation') in January 2016, for a period of five years for the work of mechanised housekeeping and multi-purpose (patient care) services in its health centres (three general hospitals and three maternity and child health centres), and which came to be terminated by the Corporation on 15 March 2017, for non satisfactory performance, is before the Court in these two petitions. The issue in these writ petitions revolves around a fresh tender issued by the Corporation for the same work, interalia prescribing a pre-qualification criteria being an eligibility condition providing that "the contractors whose work contract is terminated due to unsatisfactory services or are black listed would not be eligible to participate in the tender". The cause of action in both these petitions is identical namely the new tender for the abovesaid work, albeit the tender notices issued by the Corporation are of different dates.

(2.) The factual antecedents in which the controversy arises may be illustrated by the following facts :

(3.) Considering the petitioner's case in the reply to the show cause notice as also at the personal hearing, the Municipal Commissioner by a detailed order dated 15 March 2017, terminated the petitioner's contract. However, in doing so, considering that the work in question concerned the health centres, the petitioner was directed to continue with the contract work till a new arrangement was made by the Corporation. The following is the operative part of the termination order:-