UMA NATH SINGH,J. - (1.) WE have heard learned counsel for parties and perused the pleadings of writ petition.
(2.) BY way of this writ petition, the petitioner company, inter alia, has prayed: (i) for quashment of order dated 24.09.2011 (Annexure-8) as well as Govt. Orders dated 11.11.2011 (Annexure 9 & 10) while seeking direction to include the petitioner company in the list of eligible/qualified tenderers; (ii) for restraining the respondents from giving effect to the said orders dated 24.09.2011 and 11.11.2011; (iii) for direction to desist from finalising the financial bid, and (iv) for quashment of the order, if any, whereby the technical bid of the petitioner company was rejected. The petitioner company submitted its bid towards a tender notice published for maintenance of ambulances and to ensure their availability under an scheme called 'the operation of Emergency Medical Transport Services Uttar Pradesh' (for short, 'the EMTS'). It appears that the EMTS has been constituted with the objects namely: (i) to provide fast service in medical emergencies in any part of the State (Urban as well as Rural); (ii) to give first aid and stabilize the patients, and (iii) to transport them to the nearest government hospitals or CHCs in as short a time frame as possible. As per instructions to bidders, the authority envisaged the operation, initially, of a total of 988 Basic Life Support (BLS) ambulances as part of the scope of work for the EMTS which will be supported by a well-equipped and adequately staffed centralized call centre. Such call centre is to remain accessible through a toll free number and the services shall operate 24 hours a day and 365 days a year. Besides, the services shall be provided free of cost to the public. For operation of scheme 'the EMTS' in Uttar Pradesh, a tender notice was first issued on 24.03.2011 and a pre-bid conference was held in New Delhi on 12.04.2011. A number of queries were raised by the prospective bidders, which were discussed with bureaucracy at the highest level namely Chief Secretary/IIDC and Principal Secretary, Medical Health and Family Welfare, Government of U.P., and in pursuance thereof a revised draft of the Request for Proposal (the RFP) for the EMTS was submitted by the consultants to Director General, Family Welfare on 20.04.2011. The Request for Proposal for the EMTS was approved by the Cabinet and a Government order in respect thereof was issued on 28.05.2011. As per the Government Order dated 28.05.2011 for selection of service provider for the EMTS, an advertisement for the tender was published on 31.05.2011.
(3.) AGAINST the advertisement issued on 31.05.2011 only two bids, one from M/s GVK EMRI, and another from M/s ZIQITZA Health Care, were received, till the last date and due time. However, the Government was of the opinion that since there were only two bidders, the technical bids may not be evaluated and for the sake of financial propriety and fair competition, it was thought proper to go for re-tendering and thus re-tender was published on 24.06.2011. In respect of the said tender issued on 24.06.2011, a pre-bid meeting was held on 30.06.2011 in which the petitioner also participated.;