High Court of DelhiW.P.(C)/9061/2015

Sardana Eye Institute & ANR v. South Delhi Municipal Corporation

2016-09-06Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9061/2015 & C.M. No.20510/2015 SARDANA EYE INSTITUTE & ANR ..... Petitioners Through Mr. Atul Batra and Mr. Kundan Mishra, Advs.

versus SOUTH DELHI MUNICIPAL CORPORATION ..... Respondent Through Mr. Sanjeev Sabharwal, Adv for SDMC with Mr .Mukesh Malik, UDC.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 06.09.2016 The petitioner is aggrieved by the fact that although he was empanelled by the respondent/South Delhi Municipal Corporation as an Eye Institute for the last almost five years, in the subsequent advertisement which had been issued by the respondent, he was not informed that fresh empanelment were being asked for. The averments in the petition disclose that on 23.06.2010, the petitioner vide a communication was provisionally empanelled as the Super Speciality Eye Care Centre for the treatment of the municipal employees. This was confirmed by a subsequent letter dated 16.07.2010. In September, 2015, the petitioner learnt that the respondent is in the process of making new list of empanelled hospitals and nursing homes. He applied for extension of his existing

panel. In the same month, it is learnt that the process of empanelment was over and the name of the petitioner was not figured in the new empanelled list. Accordingly, this petition has been filed. The stand of the respondent is that admittedly the empanelment is now over; the case of the petitioner as per the respondent could not be considered as he had not made any application along with the requisite security deposit and the other formalities which were required to be completed up to 01.09.2014 and which period had been extended up to 24.10.2014. Since there was no application of the petitioner on record, his case could not be considered. At this stage, learned counsel for the petitioner states that since empanelment of the respondent is already over, he seeks liberty of this Court to grant him opportunity to participate in the future transactions. As per the respondent future empanelment, as per practice, are advertised in newspapers as also on the website of the Department. The petitioner will be permitted to participate in future transactions.

No further orders are called for on this petition. It is disposed of.

INDERMEET KAUR, J SEPTEMBER 06, 2016