ACTIVE SECURITY & INTELLIGENCE SERVICES Vs. EMET

JUDGEMENT

(1.) THE petitioner, challenges the validity of the tender call notice dated 9.8.2014 issued by the Superintendent, SCB Medical College & Hospital, Cuttack inviting tenders for 24 hours Security Services in the establishment for 3 years from the Security Service Agencies/Companies having at least 2 to 3 years of experience in the same field.

(2.) WE have heard Mr. B.S. Tripathy, learned counsel for the petitioner.

(3.) LEARNED counsel for the petitioner has emphatically argued that the tender call notice and the stipulation with regard to 'Solvency Certificate' and 'Trade Licence' in particular has been in deviation from the Draft Terms of Reference (in short, hereinafter referred as "the TOR") issued by the Directorate of Medical Education and Training, Odisha to all the Superintendents of Government Medical College & Hospitals and SVPPGIP, Cuttack in the matter of engagement of Outsourcing Agency for services pertaining to "Biomedical Waste, Laundry and Security Services in Government Hospitals". Further, according to Mr. Tripathy, not only there was an inconsistency in the amount of 'Solvency Certificate' as apparent on the face of the tender stipulations, the insistence for 'Trade Licence' in the matter of Security Services is also grossly illogical on the touchstone of relevance and reason.