- (1.) Seeking quashing of Notice Inviting Tender issued by the Jharkhand State Tribal Co-operative Development Corporation Limited (JSTCDC) published in daily newspaper "Prabhat Khabar" on 13-2-2014, the present writ petition has been filed. A further prayer for issuing direction to the Principal Secretary, Welfare Department, Government of Jharkhand to hand over the MESO Rural Hospitals to the petitioners, has also been made in the writ petition.
(2.) The brief facts stated in the writ petition are that, the petitioner No. 1 is a society registered under the Societies Registration Act and the petitioner No. 2 is a company incorporated under the Companies Act. Both the petitioners are registered as Non-Governmental Organisation with the State of Jharkhand and are involved in various activities of social welfare. Under the MESO project, the State of Jharkhand decided to construct 14 Hospitals in Rural areas in different districts of Jharkhand and a decision was taken to outsource the operation and function of the MESO Rural Hospitals by entrusting the same to the Non-Governmental Organisations, Private Organisations and Corporate Organisations through an open tender. Accordingly, an advertisement was issued inviting Expression of Interest from various organisations. The petitioners along with other organisations submitted their Expression of Interest, after which the briefing session was held on 25-3-2006, and all the tenderers gave their presentation on 4-4-2006 and 5-4-2006 before the committee constituted for selecting the organisation for running the 14 MESO Rural Hospitals. The petitioners were informed vide communication dated 16-10-2007 that they have been selected for running 50 bedded MESO Rural Hospitals. A draft MOU was handed over to the petitioners and they were called for a meeting with the Tribal Welfare Commissioner, Jharkhand, Ranchi. Since only 9 MESO Hospitals out of 14 Hospitals were complete, the Memorandum of Understanding was signed with the successful tenderers with respect to 9 Hospitals only. Both the petitioners signed MOUs with respect to 2 MESO Hospitals each and they are successfully operating those hospitals by deploying Doctors, Para Medical Staff and other Staff. After several communications from the Tribal Welfare Commissioner, Jharkhand, letter dated 8-1-2013 was issued whereby it was decided to hand over 5 remaining MESO Rural Hospitals to the petitioners. A draft Memorandum of Understanding was also forwarded to the petitioners with a direction to the Tribal Welfare Commissioner for executing the MOU however, when MOU was not signed, the petitioners made representations on 22-1-2013 and 18-2-2013 for signing MOUs and release of grant-in-aid. Suddenly, on 13-2-2014, JSTCDC issued an advertisement in the daily newspaper "Prabhat Khabar" inviting proposals from Private Sector Operators for operation, maintenance and management of 5 MESO Rural Hospitals with respect to which a decision was already taken to hand over the same to the petitioners.
(3.) A counter-affidavit has been filed on behalf of respondent Nos. 1 to 5 stating that, the process of selection of suitable operators for running MESO Rural Hospitals vide advertisement No. 12512 (Welfare)/05-06 came to an end with allocation of 9 hospitals. With respect to other 5 hospitals which were under construction, a fresh process for selection has been initiated by issuing advertisement dated 13-2-2014. A right to function as operator of the MESO Hospital would accrue only after signing of MOU and, as no Memorandum of Understanding has been signed with the petitioners with respect to newly constructed MESO Hospitals, those hospitals cannot be handed over to the petitioners. With respect to communications dated 3-5-2011, 21-9-2011, 21-3-2012 and 8-1-2013, it is stated that these are departmental communications which cannot be enforced against the respondents. The Tribal Welfare Commissioner vide letter dated 10-1-2013 requested the Secretary, Welfare Department, Government of Jharkhand to review the matter because it related to the year, 2006-07. The petitioners have already participated in the tender process and they have attended the pre-bid meeting on 24-2-2014.;