KAMLESH RAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition has been filed by the Petitioners herein challenging the advertisement issued by the Respondent State in the Dainik Bhaskar newspaper of 02/03/19 by which the Notice Inviting Tender (NIT) dated 01/03/19 was invited from all aspirants for the establishment and operation of Public Service Centers (Lok Sewa Kendra) in the various districts in the entire State, on a Public Private Participation Module (PPP).

(2.) The Petitioners herein are the present operators of the Lok Sewa Kendras, which are operational in various places in district Sagar. The Petitioners had entered into an agreement with the Respondent State for establishing, maintenance and operating the centers for a period of three years. According to them, as per Clause 11 of the agreement, the Petitioners were entitled for a renewal. It is also undisputed by the Petitioners that after the expiry of the three-year period, the agreement of the petitioner Nos.1 to 8 were renewed in the year 2016.

(3.) The crux of the Petitioners' case is that in the year 2016, the Department of Public Service Management vide its letter No.6- 8/2015/PSM/61, Bhopal, dated 15/01/16 took a policy decision to give weightage to the experience in fair operation of the centers. This averment finds its place in page no.7 of the petition. According to the Petitioners, the renewal of the existing centers could only be refused in those cases where either the performance of the operator was not satisfactory or if the performance, though satisfactory, the right to operate the center was abandoned by the operator concerned or, he did not give his consent for renewal. One more condition in which an NIT could be issued for a center was in a situation where a fresh center was sought to be opened. In other words, the contention of the Petitioners is that though the initial agreement was only for a period of three years, the fact that there were subsequent renewals right up to the year 2016 and in the light of the policy of the Government dated 15/01/16, the Petitioners had acquired a right in perpetuity to run the centers.