Kerala High Court
Jayachithra C.V vs The District Medical Officer on 29 May, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 29TH DAY OF MAY 2024 / 8TH JYAISHTA, 1946
WP(C) NO. 25258 OF 2020
PETITIONER/S:
JAYACHITHRA C.V
AGED 41 YEARS
W/O. RAJAN S., J.P. NIVAS, POOVANVILA VEEDU,
VADACODE, PERUMPAZHATHOOR P.O. NEYYATTINKARA,
THIRUVANANTHAPURAM 695 126
RESPONDENT/S:
1 THE DISTRICT MEDICAL OFFICER
PALAYAM- AIRPORT ROAD, NEAR GOVERNMENT HOSPITAL
JUNCTION, RISHIMANGALAM, VANCHIYOOR,
THIRUVANANTHAPURAM , KERALA 695 035.
2 THE SUPERINTENDENT,
GENERAL HOSPITAL, NEYYATTINKARA,
THIRUVANANTHAPURAM 695 121.
3 THIRUVANANTHAPURAM DISTRICT PANCHAYAT,
REPRESENTED BY ITS SECRETARY,
PATTOM, THIRUVANANTHAPURAM 695 004.
SRI. THOMAS ABRAHAM- SC
SRI. K P. HARISH, SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.05.2024, ALONG WITH WP(C).306/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.25258/2020, 306/2021 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 29TH DAY OF MAY 2024 / 8TH JYAISHTA, 1946
WP(C) NO. 306 OF 2021
PETITIONER/S:
JAYACHITHRA C. V.,AGED 41 YEARS
W/O. RAJAN S., J. P. NIVAS, POOVANVILA VEEDU, VADACODE,
PERUMPAZHATHOOR P. O., NEYYATTINKARA,
THIRUVANANTHAPURAM - 695126.
RESPONDENT/S:
1 THE DISTRICT MEDICAL OFFICER,
PALAYAM -AIRPORT ROAD, NEAR GOVERNMENT HOSPITAL
JUNCTION, RISHIMANGALAM, VANCHIYOOR,
THIRUVANANTHAPURAM, KERALA - 695 035.
2 THE SUPERINTENDENT
GENERAL HOSPITAL, NEYYATTINKARA, THIRUVANANTHAPURAM -
695 121.
3 THIRUVANANTHAPURAM DISTRICT PANCHAYAT
REPRESENTED BY ITS SECRETARY, PATTOM,
THIRUVANANTHAPURAM - 695 004.
SRI. THOMAS ABRAHAM- SC
SRI. K P. HARISH, SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.05.2024, ALONG WITH WP(C).25258/2020, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.25258/2020, 306/2021 3
JUDGMENT
[WP(C) Nos.25258/2020, 306/2021]
These writ petitions were filed in the matter of Ext.P1
tender notice (produced as Ext.P1 in W.P.(C) No.25248 of
2020), which was issued for the conduct of a canteen attached
to the Neyyattinkara General hospital. A perusal of Ext.P1 will
indicate that the tender was for a period of one year and was
issued in the year 2019.
2. Learned counsel appearing for the petitioner would
submit that despite being the highest bidder, the petitioner was
purposefully denied selection only on account of the fact that
she had approached this Court by filing a writ petition.
3. Learned Government Pleader and the learned
Standing Counsel appearing for the District Panchayat would
submit that , at any rate, the issue has now become infructuous
as the tender was issued only for a period of one year.
4. Having heard the learned counsel appearing for the
petitioner, the learned Government Pleader and the learned
Standing Counsel appearing for the District Panchayat, I am of
the view that since Ext.P1 tender was only for a period of one
year and was issued in the year 2019, the reliefs sought for in
these writ petitions cannot be granted at this stage.
Accordingly, these writ petitions are dismissed. However, I
make it clear that the dismissal of this writ petitions will not
prevent the petitioner from taking part in any fresh tender, that
may be issued, subject to the condition that she has necessary
qualifications for the same. I further make it clear that if the
petitioner has suffered any damages on account of the illegal
act of the respondents, it will be open to her to approach the
competent civil court, if such claim is maintainable at his
distance of time.
With the above observations, the writ petitions are
dismissed.
Sd/-
GOPINATH P.
JUDGE
ajt
APPENDIX OF WP(C) 306/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE TENDER NOTICE DATED
23.12.2019 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED 12.02.2020
SUBMITTED BY ONE SHRI K. CHANDRAN BEFORE 2ND
RESPONDENT UNDER RTI ACT.
EXHIBIT P3 TRUE COPY OF THE REPLY DATED 11.03.2020
ISSUED BY THE PUBLIC INFORMATION OFFICER
ATTACHED TO GENERAL HOSPITAL, NEYYATTINKARA.
EXHIBIT P4 TRUE COPY OF ORDER DATED 16.12.2020 ISSUED BY
THE 2ND RESPONDENT.
APPENDIX OF WP(C) 25258/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE TENDER NOTICE DATED
23.12.2019 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED 12.02.2020
SUBMITTED BY ONE SHRI.K. CHANDRAN BEFORE 2ND
RESPONDENT UNDER RTI ACT.
EXHIBIT P3 TRUE COPY OF THE REPLY DATED 11.03.2020
ISSUED BY THE PUBLIC INFORMATION OFFICER,
ATTACHED TO GENERAL HOSPITAL, NEYYATTINKARA.
EXHIBIT P4 TRUE COPY OF ORDER DATED 16/12/2020 ISSUED BY
THE 2ND RESPONDENT.
