BHUPESH JANARTHA Vs. THE SECRETARY (HEALTH) AND ANR.

JUDGEMENT

(1.) NOTICE Inviting Tender was issued by Respondent No. 2 with regard to the sanitation and other allied services to be carried out in the Regional Hospital, Bilaspur. One of the tender conditions provided for as under:

(2.) PETITIONER was found eligible and his bid was accepted by the authorities and contract awarded to him on 1.11.2010. This is also apparent from the certificate issued by the Senior Medical Officer, Regional Hospital, Bilaspur (Annexure P -3). However, during the subsistence of this contract, Respondent No. 2 issued another Notice Inviting Tender (Annexure P -2). Petitioner, who was perhaps satisfactorily executing the contract also participated in the bid process, but immediately thereafter approached this Court, inter alia praying for the following relief's:

(3.) IT is not the case of the Respondent -authorities that Petitioner has committed breach of any of the terms of contract awarded to him in the month of November, 2010. The terms of the N.I.T. specifically provides for the duration of the contract to be "one year from the date of the issue of the rate contract". Admittedly, this period had not come to an end and consequently, in the absence of breach of any of the tender conditions, the Respondents could not have issued another N.I.T. (Annexure P -2) for the very same work and the period for which Petitioner was executing the contract. The subsisting contract between the parties is neither terminated nor rescinded. Consequently, Annexure P -2 is quashed.