ISHFAQ RASHID Vs. UNION OF INDIA

JUDGEMENT

(1.) ALLOTMENT of two sheds by Chief Executive Officer Cantonment Board, in favour of respondents No. 7 and 8 is questioned on following counts:

(2.) THE object and purpose of tendering is to secure the best price, that can be achieved only when maximum eligible persons participate. For ensuring maximum participation the adequate publicity is imperative, by wide publicity intending participants get sufficient time to participate, resultantly maximum possible price is achievable.

(3.) GOVERNMENT G.B. Pant General hospital, being joint venture between Ministry of Health and Medical Education Jammu & Kashmir Government and the Ministry of Defence Badami Bagh Contonment Board and also being one of the Associated Hospital of Government Medical College Srinagar, the Cantonment Board has invited tenders viz -a -viz two sheds located outside G.B. Pant Cantonment General Hospital for running Medical shop as per terms and conditions specified in the tender documents. Tender notice has been issued on 8.10.2008. The desirous persons had to purchase the requisite forms from the office of Chief Executive Officer from 18 to 20 October 2008 and the tender forms duly filled were to reach the said office on 21.10.2008 and were also to be opened on the same date. Responding to the tender notice three persons are shown to have submitted their tender forms for shed No.1, which include respondent No.7 (highest bidder) and three persons are shown to have competed for Shed No. 2, which include respondent No.8(higher bidder). Shed No. 1 has been allotted to respondent No.7, whereas Shed No. 2 has been allotted to respondent No.8 vide Communication dated 24.10.2008 issued by respondent No.2.