- (1.) Petitioner has called in question the tender notice (Annexure P-7), issued by respondent No. 3, whereby tenders have been invited for supply of Medical Oxygen Gas to IGMC and its Associated Hospitals, on the ground that it contains conditions which are aimed just to oust the petitioner from offering the tender and participating in the tender process.
(2.) The respondents have resisted the writ petition by the medium of replies.
(3.) Precisely, the case of the petitioner is that the official respondents had issued contract to the private respondent in the year 2007, was supplying all Medical Oxygen Gases on the basis of tender/contract, constraining the petitioner to file CWP No. 260 of 2014, titled as Mahalakshmi Oxyplants Pvt. Ltd. versus State of H.P. and others, seeking command to the respondents to issue fresh tenders, which was disposed of by this Court vide judgment and order, dated 24th June, 2014 (Annexure P-6). In pursuance, the impugned tender notice has been issued with mala fide exercise with the aim to oust the petitioner, by imposing the conditions, which precluded the petitioner to participate in the tender process.;