K.S.JHAVERI, J. - (1.) By way of this petition, the petitioner has prayed for the following reliefs: (A) This Honourable Court may be pleased to issue a writ of Mandamus or a writ in the nature of Mandamus or any other appropriate writ, order of direction quashing and setting aside the communication dated 5/6.8.2014 at Annexure "A" (Colly.) hereto in not selecting the Bid of petitioners for Laboratory Consumable of the Tender Inquiry : 201415 for all the Four (4) Sections floated by Respondent No.2 through Respondent No.3 and further direct Respondents to open the Commercial Bid of all the Four (4) Sections of petitioner No.1.; (B) Pending admission hearing and final disposal of present petition, this Honourable Court may be pleased to stay the operation, execution and implementation of the impugned communication at Annexure"A" (Colly.) herein and further be pleased to direct Respondents not to award contract under Tender Inquiry No.201415 for Reagent, Testing Kits, Consumables, Glassware, Plastic Items and other Laboratory items to any other third party and also open the "Commercial Bid" of petitioner NO.1. (C ) An exparte adinterim relief in terms of prayer (B) above may kindly be granted. (D) Such other and further relief/s may be deemed just and proper in the facts and circumstances of present case may kindly be granted."
(2.) We have heard learned senior advocate Mr. Sudhir Nanavati with Ms. Anuja S Nanavati appearing for the petitioner and learned AGP Mr. Pandya appearing for the respondentState. The matter is heard at length, however, in the interest of justice and with consent of learned advocates for both the parties, the following order is passed: (i) The respondents will open tender for SectionI [Microbiology], SectionII [Pathology] and SectionIV [Biochemistry]. (ii) Insofar as SectionIII [Immunohematology and Blood Transfusion] is concerned, the tender shall not be opened until the proceedings sought to be initiated against the petitioner is concluded. (iii) It is stated by the respondent that the Committee seized with the issue of dealing with the proceedings against the petitioners shall consist of seven Members, viz. (i) Head of Department, Surgery (ii) Head of Department, Pharmacy (iii) Head of Department, Medicine (iv) Accounts Officer (v) Administrative Officer, (vi) Medical Superintendent and one Member, who shall be nominated. (iv) It is expected that the committee shall take final decision regarding the proceedings pending or to be taken against the petitioners, after following the principles of natural justice. (v) We make it clear that this order is passed only on the ground that in the affidavit inreply filed by the respondent No.2, more particularly page No.101, it has been mentioned that decision has been taken by the authority regarding blacklisting/ debarring the petitioners. Subject to rights of both the sides and keeping in mind the larger interest of both the sides, this order is passed. (vi) An apprehension put forward by the learned advocate for the petitioner is that if any adverse order would be passed, the same would be implemented immediately by the authorities. We expect that the Committee will decide the matter in its true spirit and the respondents will not implement the decision of the Committee for a period of one week from the date of receipt of the order of the committee by the petitioners, if the same is against the petitioner.
(3.) In view of the above, the present petition stands disposed of. Rule is made absolute to the aforesaid extent.;