INSTITUTE OF CONTINUING EDUCATION Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Challenging the Notice Inviting Tender dated 22.08.2014 issued by the Jharkhand State Tribal Cooperative Development Corporation Limited for selection of suitable Private Sector Operators for Upgradation, Operation, Maintenance and Management of existing 9 MESO hospitals in Jharkhand and seeking direction upon the respondents to renew/extend the existing agreement with the petitioners for a further period of five years in terms of Clause 5.1 of MoU dated 04.02.2009, the present writ petitions have been filed.

(2.) It is stated by the counsel for the petitioners that in all the writ petitions similar prayer has been made and a common question of law is involved in all the writ petitions and therefore, all the writ petitions were heard together and by this common order, the writ petitions are disposed of. Mr. Jitendra Singh, the learned senior counsel advanced argument referring to W.P.(C) No.4450 of 2014, the facts of which are noticed in detail. The counsel appearing in other cases adopted his argument.

(3.) A counteraffidavit has been filed on behalf of respondent nos.26 stating that the Welfare Department, Government of Jharkhand resolved to issue fresh tender notice on 22.08.2014 inviting proposals from the Private Sector Operators for running the MESO Rural hospitals. The extension Clause provided in the MoU is not mandatory. The Welfare Department is the sole arbiter to decide whether extension in terms of Clause 5.1 of MoU is to be granted or not. The said Clause does not create any enforceable legal right in favour of the petitioner for claiming extension of the period for running the MESO hospitals. The MESO hospitals have been constructed by the State Government and there is no estoppal against the State Government for awarding the work to successful candidates selected pursuant to NIT dated 22.08.2014.