ASR HOSPITALS (INDIA) Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The 2nd respondent had issued a tender notice through Tender Enquiry No.11.1B/APMSIDC/2021-22, dtd. 15/7/2021 requesting for provision of Sick New Born Care Units (SNCUs) at CHCs, AH, MCHs and DHs in Andhra Pradesh. The petitioner had submitted its tender document on 31/7/2021 after complying with all the required formalities. The tender evaluation process was to be done in two stages, i.e., technical bid and financial bid. The procedure adopted by the 2nd respondent was that after preliminary evaluation of the technical bid, the bidders would be informed of their deficiencies which could be rectified by them. In the case of the petitioner, the 2nd respondent had pointed out certain deficiencies, which were rectified by the petitioner. However, one of the deficiencies pointed out by the 2nd respondent was the non-submission of GST registration certificate. The petitioner took the stand that it was an entity involved in the business of Healthcare Services, which were exempted from payment of Goods and Services Tax by notification No.9/2017-Integrated Tax (Rate), dtd. 28/6/2017 and as such the petitioner was exempted from registering it under the GST Act and the requirement of producing GST registration certificate would not apply to the petitioner.

(2.) The 2nd respondent rejected the technical bid of the Petitioner and cleared the technical bids of the 3rd and 4th respondents. Aggrieved by the said rejection of its bid and the acceptance of the technical bid of the 3rd and 4th Respondents, the Petitioner has filed the present writ petition.

(3.) The contentions of the Petitioner , in this regard, are as follows: