M/S SONAR BANGLA CATERER Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Writ petition has been filed by the petitioner questioning the condition imposed in the Very Short Notice Inviting Tender (NIT) vide Document No.2138/2025 dt. 7/5/2025 issued by the 3rd respondent providing additional weightage of 10 marks to the bidders having experience in the State of Jharkhand in Government Hospitals with more than 500 beds for providing food/diet to the patients of MGM Hospital, Jamshedpur, and contending that it is arbitrary, unreasonable and has no nexus with the object sought to be achieved by the tender. It is also contended that it is tailored to benefit particular class of bidders who have experience in the State of Jharkhand and in particular the existing contractor M/s The Jana Enterprises.

(2.) Petitioner contends that prior to the tender dt. 7/5/2025 being issued, the 3rd respondent had issued another Very Short Notice Inviting Tender on 5/5/2025 for the same purpose; that the date of publishing of bid document on the website was fixed for 7/5/2025 and that, pre-bid meeting was also scheduled to be held on 10/5/2025; that the tender was to be opened on 24/5/2025; but abruptly on 7/5/2025, the said Notice Inviting Tender dt. 5/5/2025 was cancelled vide Annexure-3; and the impugned tender notice was issued on 7/5/2025 specifically removing the essential clause pertaining to pre-bid meeting from the schedule and drastically shortening the entire timeframe for finalizing the tender to 16/5/2025.

(3.) It is also pointed out by the counsel for the petitioner that in both the tenders, the duration for which the contract is to be executed is deliberately omitted and it is only stated that 'it will be in force until further orders'. According to the counsel for petitioner, the lack of the prescription of period for which the tender is being invited itself indicates the arbitrariness on the part of the 3rd respondent and it is also violative of Art.14 of the Constitution of India.