Nishka Security And Intelligence Services v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2421 of 2022 ====================================================== Nishka Security and Intelligence Services a partnership firm having its office at BG-3, Royal Garden, Nageshwar Colony, PS-Budha Colony, Patna800001, through its partner, Smt. Ragini Ranjan, female, aged about 58 years, Wife of/daughter of Rajeev Ranjan, resident of Flat No. 404, Veena Shri Apartment, New Punaichak, P.S.-Shastri Nagar, District-Patna, Pin-800023. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Health, Government of Bihar, Patna.

2.

The Patna Medical College Hospital, Patna through its Superintendent. 3.

The Superintendent, Patna Medical College Hospital, Patna. 4.

Indraprasth Security Services Pvt. Ltd. having its registered office at 46, Ashiana Galaxy, Exhibition Road, 800001 through its Directors. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Saket Tiwary, Advocate For the Respondent/s :

Mr. Binod Kr. Yadav, SC-18 Mr. Aditya Nath Jha, AC to SC-18 For Respondent no.4 :

Mr. Vikash Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 08-08-2023 In the instant petition, the petitioner has prayed for the following relief(s):- "a) For issuance of a writ of certiorari to set aside the selection of the Respondent No. 4 as the lowest bidder for tender issued by Respondent, Patna Medical College Hospital, Patna vide Memo No. 9674 dated 29.10.2021 for Trolley Services to patient of Patna Medical College Hospital, Patna.

b) For a direction to the Respondents to award the tender to the petitioner holding him to be the only

2/5 eligible bidder with regard to the tender issued by Respondent, Patna Medical College Hospital, Patna vide Memo No. 9674 dated 29.10.2021 for Trolley Services to patient of Patna Medical College Hospital, Patna.

c) Till the pendency of this writ application stay the award of contract from tender issued by Respondent, Patna Medical College Hospital, Patna vide Memo No. 9674 dated 29.10.2021 for Trolley Services to patient of Patna Medical College Hospital, Patna.

d) And for any other relief/relies that your Lordships may deem fit and proper in the interest of justice."

2. NIT was issued on 29.10.2021 for supply of trolley man and materials to Patna Medical College and Hospital, Patna. Both the petitioner and 4th respondent were successful in the technical bid. In the financial bid/final bid, respondent no.4 has been given preference over the petitioner with reference to eligibility criteria. Hence, the present petition filed by the petition insofar as challenging the award of contract in favour of respondent no.4.

3. Learned counsel for the petitioner submitted that official respondents all along indicated three years experience and for the first time, one year experience has been prescribed. The aforementioned contention is not tenable for the reasons

3/5 that the petitioner has surrendered his right to the NIT dated 29.10.2021. Thereafter, when he was unsuccessful, he is taking such contention that all along three years experience was used to be condition which has been changed to one year and it is arbitrary. The same cannot be appreciated and such contention is rejected.

4. Learned counsel for the petitioner submitted that in terms of clause nos.13 and 21, experience is required with reference to 1000 bed hospital insofar as supplying the trolley man and other materials. On the other hand, the 4th respondent do not possess such experience and he had experience of providing service to the Darbhanga Medical College Hospital. Darbhanga Medical College Hospital is 1,000 bed hospital. However, the 4th respondent has executed the work only in respect of two departments in Darbhanga Medical College Hospital and he is required to provide 250 trolley man with reference to present NIT dated 29.10.2021. Therefore, the experience gained by the 4th respondent in respect of execution of work in Darbhanga Medical College Hospital is not sufficient. In other words, 4th respondent do not possess the experience as indicated in Clause-13 and 21. Clauses 13 and 21 read as under:-

4/5 "13. सभभी टट्रॉलभी आववाज रहहित हिहोनवा चवाहहिए उस पर 1.5 इच (डढ़ इच) डनलप ककशन तथवा सवाफ बडड सभीट रहिनवा चवाहहिए। हडटचडबकल टट्रॉप हिहोनवा चवाहहिए। बडडशभीट कड उपर रबड़ सभीट (Sheet) रहिनवा चवाहहिए।

21. हनहवदवादवातवा कहो टट्रॉलभी सडववा कवा कम सड कम 1000 (एक हिजवार) शय्यवा ववालड हकसभी सरकवारभी अस्पतवाल म एक सवाल तक सइतहोषजनक कवायर्य करनड कवा अनकभव पवाप्त हिहोनवा चवाहहिए। हनहवदवादवातवा कहो कवायर्य सइतहोषजनक एवइ अनकभव पमवाण पत्र कभी अहभपमवाहणत पहत सइलग्न करनवा हिहोगवा हजसम कवायर्य कड पकवार कवा स्पष्ट रूप सड उल्लडख हिहोनवा चवाहहिए।"

5. Scanning of the aforementioned clauses, it does not specify that experience is with reference to how many departments and how many trolley man etc., it only speaks of supply of trolley man and material to 1000 bed hospital.

6. In the light of these facts and circumstances, the petitioner has not made out a case so as to interfere with the impugned action of the official respondents.

7. Accordingly, the writ petition stands dismissed.

8. At this stage, learned counsel for the respondents pointed out that the petitioner had preferred Special Leave to Appeal (C) No. 13611 of 2023 and it was decided against him. Perusal of Apex Court order dated 28.07.2023, there may be a typographical error insofar as quoting of CWJC No. 2421 of 2022 instead of C.W.J.C. No. 6171 of 2022. On 09.05.2023, both C.W.J.C. No. 2421 of 2022 and C.W.J.C. No. 6171 of 2022

5/5 were listed. Thereafter, C.W.J.C. No. 2421 of 2022 was delinked while disposing C.W.J.C. No. 6171 of 2022 and this is not disputed by the learned counsel for the petitioner. (P. B. Bajanthri, J) ( Jitendra Kumar, J) Amrendra/- U