Himachal Pradesh High Court
Baldev Kumar vs State Of H.P. & Another on 5 January, 2021
Bench: Tarlok Singh Chauhan, Jyotsna Rewal Dua
HON'BLE HIGH COURT OF HIMACHAL PRADESH
AT SHIMLA
CWP No.4758/2020
Decided on: 05.01.2021
.
Baldev Kumar ...Petitioner.
Versus
State of H.P. & another . ..Respondents.
..........................................................................................
Coram
Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
Hon'ble Ms Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?1 No.
For the petitioner : Mr. Vinod Thakur, Advocate.
For the respondents : Mr. Ajay Vaidya, Senior Additional
Advocate General.
(Through Video conferencing)
Tarlok Singh Chauhan, Judge (Oral)
The instant writ petition has been filed for grant of
following reliefs:
"(i) That writ in the nature of certiorari may kindly be
issued by quashing the impugned rejection letters dated
28.09.2020 (Annexure P4) uploaded in the official website of the
respondents department on 19.10.2020 passed by the etender
opening committee of the Hospitals i.e. Civil Hospital Dehra,
Civil Hospital Kangra and Civil Hospital Nurpur, Distt
Kangra, Himachal Pradesh.
(ii) That writ in the nature of certiorari may kindly be
issued by quashing the condition number 2 mentioned under the
heading B. Eligibility Criteria for Bidding Firms/Agencies in
the page 6 of the tender documents of the Hospitals i.e. Civil
Hospital Dehra, Civil Hospital Kangra and Civil Hospital
Nurpur, Distt Kangra, Himachal Pradesh.
(iii) That writ in the nature of mandamus may very kindly be
issued by directing the respondents to open the financial bid of
Whether reporters of the local papers may be allowed to see the judgment?
the petitioner Firm in case the said Firm comes as lowest bidder
in the financial bid and further directed the respondents to
award the tender in favour of the petitioner firm."
.
2. Learned Senior Additional Advocate General has placed
on record the instructions dated 4.01.2021 (dated 04.01.2020
wrongly typed in the instructions), relevant portion whereof reads
as under:
"In this regard, it is humbly submitted that as per one of
the terms & conditions laid down in the etender document w.r.t
eligibility criteria for bidding firms/agencies, point No.2, it has
been laid down that "it must be empanelled/registered with
DGR or under Private Security Agencies (Regulation)
Act, 2005 or under any other acts as private security
agency as required by law and as per rules in force and
should be valid at least 12 months from the date of
opening of tender."
It is submitted that as per record, the petitioner at the
time of opening of tender document was having the license
issued by competent authority which was valid for a period of 5
years w.e.f. 03.11.2015 to 02.11.2020 i.e. less than a period of
one year after the opening of tender on 02.03.2020. As such he
was not technically qualified by the Distt. Level Committee,
Kangra as constituted for the purpose.
However, it is very humbly submitted that keeping in
view the fact of the petitioner already having been possessed
with the valid license at the time of uploading of the tender and
its further opening on 02.03.2020, as also the fact of his having
already been allowed for the renewal of his license in the year
May 2020 as per his version (though there is nothing on record
whether the license stood renewed till date or not by the
authority concerned), as also in view of the ongoing COVID19
pandemic, as a special measure, it has been decided and
recommended by the State level Committee that the petitioner be
provisionally allowed to participate technically as per the e
tenders submitted by him earlier and further opened during the
March, 2020 (i.e. during the tenure of valid license upto
02.11.2020) & further by not disqualifying him technically as
per the above condition as mentioned at Point No.(2) as
narrated above, however, subject to the final outcome of CWP
No.4758/2020 & further with the condition that he has to
produce the renewed license after 02.11.2020 by the competent
authority by 20.01.2021 positively."
.
3. It is evident from the aforesaid instructions that the
grievance of the petitioner stands redressed, therefore, the
instant writ petition is disposed of with a direction to the
respondents to strictly adhere to the instructions so imparted to
the Court. Pending miscellaneous application(s), if any, shall also
stand disposed of.r (Tarlok Singh Chauhan)
Judge
(Jyotsna Rewal Dua)
Judge
January 05, 2021 (rohit)
