EAGLE HUNTER SOLUTIONS LIMITED, REP BY ITS EXECUTIVE DIRECTOR Vs. STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY

JUDGEMENT

(1.) Heard Sri P. Gangaiah Naidu, learned Senior Counsel appearing on behalf of Sri N. Bharat Babu learned counsel for the petitioner, learned Special Government Pleader representing the Advocate-General for the respondents 1 and 2 and Sri D. Prakash Reddy, learned Senior Counsel appearing on behalf of Sri Amarchand Mangaldas, learned counsel for the third respondent.

(2.) The undisputed facts of the case are as follows: The second respondent invited expression of interest from eligible bidders for identification of total service provider to operate and maintain Mobile Medical Units infrastructure so as to provide primary and selective secondary healthcare in identified villages for a period of three years. The primary obligation of the service provider is to operate the Mobile Medical Units to provide primary and selected secondary healthcare ensuring that the unit is fully equipped with equipments listed in the service agreement list and is manned by adequate manpower resources as per the requirements mentioned in the service agreement list. The Unit conducts the Clinics at villages as per the pre-schedule. The clinical services at villages shall include screening, diagnostic tests, dispensing drugs, chlorination status of drinking water sources and environmental sanitation. The unit is supposed to maintain medical records in electronic mode of every patient/beneficiary and maintenance of website by displaying all the services provided by the unit on real time basis and also push the same in the CM dash board. The scope of services is mentioned in the tender document. The Government provides 275 Mobile Medical Units to the service provider with working condition and logo for Mobile Medical Unit. The Government also undertakes to supply free of cost good quality generic drugs and consumables as per the requisitions received from the service provider. It provides parking places to all the units and ensure the attendance of ANM, ASHA and MPHS/MPHEO of concerned village to attend the clinic and support the service provider for discharging their duties. The payment will be made on monthly basis. The bid document was published on 05.01.2016 and closing date was intimated as 18.01.2016. The time, date and venue of opening of technical bid and financial bid were stated to be intimated later.

(3.) The background to the case is that the Ministry of Health and Family Welfare, Government of India, launched the National Rural Health Mission and as a part of its scheme, launched 'Fixed Day Health Services' (FDHS) through Health Information Help Online (104 Mobile). The State Government entered into a public private partnership with the third respondent on 21.02.2008. The scheme was initially launched in four districts of Andhra Pradesh as pilot programme and 100 mobile vans were established in the districts of Mahbubnagar, Srikakulam, Adilabad and Kadapa. It was a once-a-month fixed day service at the rural habitations which was anchored around a mobile unit. The mobile health unit serves rural population, who are located at 3-5 KMs beyond a healthcare delivery institution such as Primary Health Centres (PHCs) and Community Health Centres (CHCs) and by serving at least two villages of 1500 population each per day for 3 hours, per settlement, according to pre-determined calendar. The drugs, medicines and consumables which are required for these clinics are supplied through Andhra Pradesh Medical Services Infrastructure Development Corporation which is a Government Nodal Agency. Subsequently, the programme was extended to entire State by adding 375 mobile health vans to the existing 100 vans and a revised MOU was entered on 10.02.2009 with the third respondent with 95% of the capital costs and operational costs funded by the Government and 5% operational costs by the third respondent. The project cost was met by the State Government funds, NRHM funds and funds received under Department for Funding International Development, U.K. The third respondent was operating till November 2010. However, the staff working with the third respondent went on strike due to certain differences with the management. Efforts made by the Government to facilitate amicable resolution of the dispute did not yield positive results. In those circumstances, the Government decided to resume and operate the Fixed Day Health Services (FDHS) under the control of the District Collector in order to ensure uninterrupted health services. Accordingly, G.O.Rt.No.1636, HM & FW Department, dated 04.12.2010 was issued. However, the third respondent continued to manage 104 call centres. The Government decided to withdraw the management of call centres also from the third respondent and entrusted the same to Aarogyasri Health Care Trust, which is later on taken by NTR Vaidya Seva.