(1.) IN the Patna Medical College Hospital (PMCH), there is substantial requirement of drugs, medicines and surgical equipments. The tender was issued in that regard, which was responded, inter alia, by the petitioner.
(2.) HAVING filed his tender, petitioner states that his signature was taken on a blank paper itself. His technical bid was not even opened in his presence. He did not know thereafter what happened to his tender. He learnt that in respect of certain items his technical bid has been rejected, whereas in respect of certain items, he qualified in the technical bid, but was rejected in the financial bid stage. He then made an application under Right to Information Act, no reply was given. In the interlocutory application a purported reply is annexed, which will be discussed later on. Petitioner then learnt that the tenders were finalized in most arbitrary manner and orders given excluding the petitioner.
(3.) A counter affidavit has been filed duly sworn by the Superintendent of Patna Medical College Hospital. He has annexed the entire proceedings of the tender committee. It is submitted that the high powered tender committee which constituted of from senior doctors of the PMCH had scrutinized the matter. The technical bids were opened in presence of the petitioner and other tenderers in support whereof, the page on which petitioner had signed alongwith all other tenderers have been appended. A perusal thereof, makes it clear that what is asserted in the counter affidavit cannot be denied. Then are pages dealing with the decision of the tender committee and signed by all the doctors concerned. Petitioner points out that in respect of certain items petitioner 'sbid was rejected at the stage of technical bid itself on wrong ground of certain papers etc. not being filed. He submits that all those papers were duly filed but even purposefully ignored by the authority and no information in that regard was given to the petitioner.