J. S. SONS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By filing this writ petition, the petitioner being a proprietorship firm, has prayed mainly for the following reliefs:-

(2.) The main contention of the learned counsel appearing for the petitioner is that the Jharkhand Medical and Health Infrastructure Development and Procurement Corporation Limited has been created as per the Memorandum of Association dtd. 5/4/2013 wherein the objective thereof has been mentioned and the Memorandum of Association of the respondents-corporation has been duly approved by the Department of Health, Medical Education and Family Welfare, State of Jharkhand, which appears at Annexure-4. However, in course of hearing, our attention was drawn to the statement and object of the Company in the Memorandum of Association, which is at Annexure-2. The objective of the Company is referred in Clause-III. It is appropriate to take note of the exact reasons for which the main objective is enacted which is as under:

(3.) Thus, it is clear that the Memorandum of Association provides that the Corporation has the objective to provide the logistic support to maintain high quality and cheap health services in the State as well as to the Government. Among the other objectives, the same document appearing at clause (3) the Corporation has been vested with the objective to develop or build such infrastructure, buildings, warehouses, offices, hospitals, medical colleges, housing facilities or other structures which are incidental to the purpose and main objective of the Corporation.