- (1.) Challenging the Notice Inviting Tender dated 22.08.2014 issued by the Jharkhand State Tribal Cooperative Development Corporation Limited for selection of suitable Private Sector Operators for Upgradation, Operation, Maintenance and Management of existing 9 MESO hospitals in Jharkhand and seeking direction upon the respondents to renew/extend the existing agreement with the petitioners for a further period of five years in terms of Clause 5.1 of MoU dated 04.02.2009, the present writ petitions have been filed.
(2.) It is stated by the counsel for the petitioners that in all the writ petitions similar prayer has been made and a common question of law is involved in all the writ petitions and therefore, all the writ petitions were heard together and by this common order, the writ petitions are disposed of. Mr. Jitendra Singh, the learned senior counsel advanced argument referring to W.P.(C) No.4450 of 2014, the facts of which are noticed in detail. The counsel appearing in other cases adopted his argument. W.P.(C) No.4450 of 2014 Briefly stated, the petitionerInstitute of Continuing Education Research and Training, a nongovernmental organisation, is a society registered under the Societies Registration Act, which is involved in various social welfare activities. Under the MESO project, for operation of the hospitals the government took a decision vide Memo dated 16.03.2006 to entrust the work of running the hospitals to nongovernmental organisation, private organisation and corporate organisation, for which a tender notice was issued. The petitioner submitted its Expression of Interest with proposal for running and managing 7 hospitals for which, it gave its presentation on 4th and 5th April, 2006 before the Committee constituted by the State Government. The said Committee after detailed scrutiny of the credibility, capability and objectivity of the parties, shortlisted 5 organisations including the petitioner for operation of 14 hospitals in Public Private Partnership Model. The petitioner and other successful participants were informed vide letter dated 16.10.2007 the decision of their selection for running 50beded MESO Rural hospitals. A draft MoU was handed over to the successful participants and a meeting was convened in the office of Tribal Welfare Commissioner, Jharkhand on 24.10.2007. Finally, on 04.02.2009 Memorandum of Understanding was signed with the petitioner for Upgradation, Operation, Maintenance and Management of MESO Rural hospital, Basardih, Lohardaga and MESO Rural Hospital, Kuchai, SaraikellaKharsawan. It is stated that the petitioner has been operating both the hospitals successfully and the work executed by the petitioner has been found satisfactory during each visit/inspection and verification. The Project Director and Civil SurgeoncumChief Medical Officer, SaraikellaKharsawan conducted an inspection on 08.01.2014 and he also recorded his satisfaction to the performance of the petitioner, a copy of which has been communicated to the Tribal Welfare Commissioner vide letter dated 09.01.2014. The Tribal Welfare Commissioner visited the hospital on 12.06.2014 and he has also expressed his full satisfaction in the inspection report. Similarly, the Project Director (Integrated) Tribal Development Authority, Lohardaga communicated his satisfaction to the Tribal Welfare Commissioner of the successful performance by the petitioner, vide letter dated 15.01.2014. Prior to expiry of the period of 60 months for which MoU was signed on 04.02.2009, the petitioner submitted applications dated 19.09.2013, 20.01.2014 and 12.03.2014 for renewal or extension of the period of MoU. However, no decision was taken and on 22.08.2014, a Notice Inviting Tender was published by the Jharkhand State Tribal Cooperative Development Corporation Limitedrespondent no.6 for selection of suitable Private Sector Operators for Upgradation, Operation, Maintenance and Management of existing 9 MESO hospitals in Jharkhand". It is stated that the Jharkhand State Tribal Cooperative Development Corporation Limited has no jurisdiction or authority to interfere with the functioning of MESO Rural hospitals and it has no jurisdiction or authority to select and appoint Private Operators for Upgradation, Operation, Maintenance and Management of MESO Rural hospital. W.P.(C) No. 4526 of 2014 The petitionerResearch Institute for Civil Health Integration is a Trust registered under the Indian Trust Act. It has signed four separate MoUs on 04.02.2009 for upgradation, operation, maintenance and management of MESO Rural Hospitals at Arki, Jonha, Litipara and Kathikund. Vide letter dated 07.10.2013, the petitioner requested the Tribal Welfare Commissioner for renewal of MoUs for further five years from 04.02.2014 to 03.02.2019. Further letters have been written by the petitioner on 30.12.2013 and 12.03.2014 however, no decision has been communicated to the petitioner. After the expiry of the period of MoUs, the MESO Hospitals at Arki, Jonha, Kathikund and Litipara were inspected on 18.02.2014, 25.01.2014 and 16.01.2014 and certificates have been issued to the effect that these MESO Hospitals have been running successfully. The Tribal Welfare Commissioner also inspected MESO Hospitals at Arki and Jonha and reports showing successful running of the MESO Hospitals have been prepared. W.P.(C) No. 4635 of 2014 The petitioner Dynamic Tarang (P) Ltd. is a company registered under the Companies Act. It has signed two separate MoUs on 04.02.2009 for upgradation, operation, maintenance and management of MESO hospitals at Sahibganj and Jamtara. Vide letter dated 12.09.2013 and 03.01.2014, the petitioner requested the Tribal Welfare Commissioner for renewal of MoUs for further five years. Before the expiry of period of MoUs, the MESO hospitals at Sahibganj and Jamtara were inspected on 18.01.2014 and certificate has been issued to the effect that these MESO hospitals have been running successfully. W.P.(C) No. 4895 of 2014 The petitionerVikas Bharti Bishunpur is a company registered under the Companies Act. It has signed MoU for upgradation, operation, maintenance and management of MESO hospital at Ban Makai on 04.02.2009. Vide letter dated 07.10.2013, the petitioner requested the Tribal Welfare Commissioner for renewal of MoU for further five years. The MESO hospital at Ban Makai was inspected and report was communicated to Tribal Welfare Commissioner by Project Director (Integrated) Tribal Development Authority, Jamshedpur on 11.02.2014 and certificate has been issued to the effect that the MESO hospital has been running successfully. COUNTERAFFIDAVIT/ AFFIDAVITS
(3.) A counteraffidavit has been filed on behalf of respondent nos.26 stating that the Welfare Department, Government of Jharkhand resolved to issue fresh tender notice on 22.08.2014 inviting proposals from the Private Sector Operators for running the MESO Rural hospitals. The extension Clause provided in the MoU is not mandatory. The Welfare Department is the sole arbiter to decide whether extension in terms of Clause 5.1 of MoU is to be granted or not. The said Clause does not create any enforceable legal right in favour of the petitioner for claiming extension of the period for running the MESO hospitals. The MESO hospitals have been constructed by the State Government and there is no estoppal against the State Government for awarding the work to successful candidates selected pursuant to NIT dated 22.08.2014.;