RAJ INFORMATICS CONSTRUCTION Vs. STATE HEALTH SOCIETY

JUDGEMENT

(1.) This writ application has been preferred for issuance of a writ of Mandamus commanding the respondents District Health Society, Gaya (hereinafter referred to as the 'Society') to make public the proceedings of the opening of Technical and Financial Bid submitted with respect to the tender notice dated 24.07.2018 for the work of cleanliness and maintenance of the Hospital Compounds and its surrounding area, laundry work and electricity supply from silent generators in Sadar Hospital, Sub-Divisional Hospital, Referral Hospitals, Society Health Centers, Primary Health Centers, Additional Primary Health Centers and L1 (delivery point). The petitioner thereafter, prays for setting aside of the proceedings of the Tender Committee by which the Technical Bid of the petitioner has been rejected.

(2.) It appears that during pendency of the writ application the petitioner has filed Interlocutory Application No. 01 of 2019 for impleading the qualified Bidders/ Agencies. I. A. No. 01 of 2019 was allowed by this Court on 03.04.2019. By virtue of the same, respondents no. 7 and 8 came to be impleaded as party respondents and they were served. The private respondents in whose favour the work orders have been issued have appeared and filed their respective counter affidavits. Here it is important to take note of the prayer made in the I. A. No. 01 of 2019 which are as under:

(3.) Initially when the writ application was taken up for consideration, before notice, learned counsel for the petitioner had shown a prima facie case that the respondents have rejected his Technical Bid on flimsy grounds. This Court, therefore, while issuing notice to respondents no. 7 and 8 passed an interim order that "the third party interest, which has been created during pendency of the writ application shall be subject to the result of the case".