WPSS/709/2019
2023 Latest Caselaw 763 UK

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                     COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 WPSS No. 716 of 2019 / WPSS No. 659 of 2019
                                 WPSS No. 673 of 2019 / WPSS No. 674 of 2019
                                 WPSS No. 675 of 2019 / WPSS No. 676 of 2019
                                 WPSS No. 677 of 2019 / WPSS No. 681 of 2019
                                 WPSS No. 682 of 2019 / WPSS No. 683 of 2019
                                 WPSS No. 684 of 2019 / WPSS No. 685 of 2019
                                 WPSS No. 686 of 2019 / WPSS No. 687 of 2019
                                 WPSS No. 688 of 2019 / WPSS No. 689 of 2019
                                 WPSS No. 698 of 2019 / WPSS No. 699 of 2019
                                 WPSS No. 702 of 2019 / WPSS No. 707 of 2019
                                 WPSS No. 708 of 2019 / WPSS No. 709 of 2019
                                 WPSS No. 712 of 2019 / WPSS No. 713 of 2019
                                 WPSS No. 714 of 2019 / WPSS No. 717 of 2019
                                 WPSS No. 719 of 2019 / WPSS No. 720 of 2019
                                 WPSS No. 722 of 2019 / WPSS No. 727 of 2019
                                 WPSS No. 728 of 2019 / WPSS No. 729 of 2019
                                 WPSS No. 730 of 2019 / WPSS No. 731 of 2019
                                 WPSS No. 747 of 2019 / WPSS No. 749 of 2019
                                 WPSS No. 750 of 2019 / WPSS No. 751 of 2019
                                 WPSS No. 752 of 2019 / WPSS No. 753 of 2019
                                 WPSS No. 755 of 2019 / WPSS No. 756 of 2019
                                 WPSS No. 757 of 2019 / WPSS No. 759 of 2019
                                 WPSS No. 763 of 2019 / WPSS No. 764 of 2019
                                 WPSS No. 765 of 2019 / WPSS No. 766 of 2019
                                 WPSS No. 767 of 2019 / WPSS No. 768 of 2019
                                 WPSS No. 769 of 2019 / WPSS No. 774 of 2019
                                 WPSS No. 1160 of 2019 / WPSS No. 1161 of 2019
                                 WPSS No. 1162 of 2019 / WPSS No. 1163 of 2019
                                 WPSS No. 1164 of 2019 / WPSS No. 1165 of 2019
                                 WPSS No. 1168 of 2019 / WPSS No. 1169 of 2019
                                 WPSS No. 1242 of 2019 / WPSS No. 1244 of 2019
                                 WPSS No. 1245 of 2019 / WPSS No. 1246 of 2019
                                 WPSS No. 1247 of 2019 / WPSS No. 1273 of 2019
                                 Hon'ble Manoj Kumar Tiwari, J.

Mr. Bhagwat Mehra, Mr. Harendra Belwal, Mr. Amar Murti Shukla, Mr. Jitendra Chaudhary & Mr. B.N. Molakhi, Advocates for the petitioners.

Mr. P.C. Bisht, learned Additional C.S.C. with Mr. Narayan Dutt, learned Brief Holder for the State of Uttarakand.

Since common questions of fact and law are involved in these petitions, therefore, these petitions are clubbed together and decided by this common judgment. However, for the sake of brevity, facts of WPSS No. 716 of 2019 are being considered.

According to petitioners, they were engaged by State Authorities in Veer Chandra Singh Garhwali Government Medical Science & Research Institute Srinagar, Pauri Garhwal (in short "Medical College") in different years and they were continuing as casual employee in the said College ever since then.

They have challenged a tender notice issued by Principal of the Medical College on 01.02.2019, whereby bids were invited from eligible persons for award of contract for supplying manpower to the Medical College. Apprehending their disengagement, petitioners filed this writ petition seeking the following relief:-

(A) To declare the action of the Respondents in the matter, as arbitrary, illegal and unreasonable.

(B) To issue a writ order or direction in the nature of certiorari for quashing the impugned tender notice dated 1.2.2019 issued by the Respondent No. 3 (Annexure No. 4 to the writ petition) in so far as it relates to the posts on which the petitioners are working.

(C) To issue a writ order or direction in the nature of certiorari for quashing the impugned Government Order dated 27.4.2018 passed by the Respondent No. 1 (Annexure No. 5 to the writ petition), in so far as it relates to the Petitioners.

(D) To issue a writ order or direction in the nature of mandamus commanding the Respondents to grant all consequential benefits to the petitioner.

From the relief clause, it is apparent that petitioners have challenged the tender notice issued by the Medical College, whereby bids were invited from Registered Contractors for supply of manpower. They have also challenged Government Order dated 27.04.2018.

Mr. P.C. Bisht, learned State Counsel, on instructions, made a statement that after filing of these writ petitions, another tender notice was issued in 2020, therefore, according to him, the relief, as claimed in the writ petitions, do not survive.

Learned counsel for the petitioners also does not dispute this statement that another tender notice was issued in 2020.

Since the tender notice challenged in these writ petitions is superseded by another tender notice issued in 2020, therefore, challenge thrown to the tender notice issued in 2019, do not survive.

Accordingly, writ petitions are dismissed as infructuous.

Since this Court has not decided the writ petitions on merit, therefore, this order will not preclude petitioners from approaching this Court, claiming ancillary reliefs, as claimed in these writ petitions.

(Manoj Kumar Tiwari, J.) 22.03.2023 Aswal