Orion Security Service Pvt Ltd v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2019

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 29258 of 2018 and W.M.P. Nos. 34185 and 34190 of 2019 Orion Security Service Private Ltd., Rep. by its all India Operative Head, Mr. Ranjeet Jha, S/o. D.C. Jha, No.A/75/A Vikas Nagar, Utham Nagar, New Delhi - 110 059.

... Petitioner -vs1. The Director, Jawaharlal Institute of Post Graduate Medical Education and Research, (JIPMER), Dhanvantri Nagar, Puducherry - 605 006.

2. The Deputy Director, (Admin) Jawaharlal Institute of Post Graduate Medical Education and Research, (JIPMER), Dhanvantri Nagar, Puducherry - 605 006.

3. M/s. Security and Intelligence Services (I) Ltd., No.19, First Floor, ECR 100 Feet Road, Mudaliarpet, Puducherry.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the order No.JIPMER/Admin-I/OSW/1/2018 dated 29.10.2018 passed by the Second Respondent insofar as awarding contract for provision of security to the Third Respondent is concerned and to quash the same and consequently direct the Respondents to award the same to the Petitioner.

For Petitioner :

Mr.M. Gnanasekar For Respondents:

Mr. M.T. Arunan for R1 and R2 Mr. N. Suresh for R3.

O R D E R

Heard Mr. M. Gnanasekar Learned Counsel for the Petitioner, Mr. M.T. Arunan, Learned Counsel for the First and Second Respondents and Mr. N. Suresh, Learned Counsel for the Third Respondent, and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Writ Petition has been filed challenging the order No.JIPMER/Admin-I/OSW/1/2018 dated 29.10.2018 passed by the Second Respondent insofar as it awards contract for provision of security to the Third Respondent is concerned and for consequential direction to the Respondents to award the same to the Petitioner.

3.

Learned Standing Counsel appearing for the First and Second Respondents submits that since the period of the aforesaid contract, which was from 01.11.2018 to 31.10.2019, has now lapsed, nothing survives for adjudication in the matter.

4.

In view of the same, the Writ Petition is dismissed as infructuous. However, it is made clear that it would not preclude the right of the Petitioner to question the correctness of the award of that contract in subsequent proceedings, if such necessity arises. Consequently, the connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar kv/sni To

1. The Director, Jawaharlal Institute of Post Graduate Medical Education and Research, (JIPMER), Dhanvantri Nagar, Puducherry - 605 006.

2. The Deputy Director, (Admin) Jawaharlal Institute of Post Graduate Medical Education and Research, (JIPMER), Dhanvantri Nagar, Puducherry - 605 006.

+1cc to Mr.N.Suresh, Advocate SR.99475 +1cc to Mr.M.T.Arunan, Advocate SR.98498 W.P. No. 29258 of 2018 PP(CO) CB(21/02/2020)