- (1.) The petitioners are the chemists who submitted their bids in pursuance of advertisement Annexure R-1 published on 15.10.2011 whereby respondents have invited tenders for leasing either shop No.1 & shop No.4 or Shops No.1 and 4 jointly. The bids were to be submitted on or before 4.11.2011. One of the condition in the tender notice was that tenderer should be income tax assessee and service tax payee and such tenderer has to furnish proof of the same. The petitioners submitted their bids in pursuance of the advertisement dated 15.10.2011.
(2.) On 17.11.2011 a communication was addressed by respondents to the petitioners asking them to submit copy of the service tax number as well as affidavit regarding non-black listing/non prosecution of firm. The petitioners represented that service tax is applicable on health services provided by any Hospital, Nursing Home or Multi Specialty Clinic and not by the Chemists. It was on 2.12.2011 petitioner were informed that their bids have been rejected during technical evaluation by the Committee for the reasons that the bids are technically not qualified. The reasoning given by the respondents is that the petitioners do not have service tax number.
(3.) After the bids of the petitioners were rejected the petitioners approached this Court by way of writ petition filed on 5.12.2011. During the pendency of the writ petition, the financial bids of the other tenderers have been opened.;