HEALTH-O-WONDER PRIVATE LTD. Vs. COMMISSIONER

JUDGEMENT

(1.) Since the challenge in both the captioned Writ Petitions is essentially the same, both the Writ Petitions were LGC 4 of 34 5 heard together by consent of the learned counsel and are being disposed by this common order.

(2.) The Writ Petitions, challenge in a nutshell is two tenders. Writ Petition No.2445 of 2024 inter alia seeks to quash and set aside E-tender dtd. 1/2/2024 bearing Tender ID No.2024 MERDM_994927_1 issued by Respondent-State for providing Mechanized Cleaning Services at Medical Colleges and Associated Hospitals under Medical Education and Drugs Department, Government of Maharashtra. Writ Petition No.2921 of 2024 in addition to seeking to quash and set aside the same tender as challenged in Writ Petition No.2445 of 2024 also seeks to quash and set aside Tender dtd. 2/2/2024 bearing Reference No.E-22/CHS/PC/Mechanized Cleaning Services/23-24 issued by the Respondent-State for providing Mechanized Cleaning Services in Hospitals and Primary Health Care Centers under department of Public Health (E-Tenders) State of Maharashtra.

(3.) At the outset we must note that while the above- mentioned tenders have been assailed on various grounds, the learned counsel appearing for the respective Petitioners have confined their submissions to only ground of challenge i.e. the Eligibility Criteria prescribed in both tenders which permitted only Public Sector Undertakings ("PSUs") to participate. Thus, submissions were advanced only on this one ground of challenge and all other grounds of challenge were expressly given up by Learned Counsel for the Petitioners. Since submissions were primarily advanced in Writ Petition No. 2445 of 2024 the same shall be treated as the lead Petition and reference to documents etc. shall be as they appear in Writ Petition No. 2445 of 2024. Submissions of Dr. Chandrachud for the Petitioner in Writ