1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6271 OF 2011 Shri.Renukamata Educated Unemployed Co-operative Services Society Ltd.& Anr. .. Petitioners V/s Pune Chest Hospital, Aundh Cantonment, Pune-27, through its Superintendent. .. Respondent Mr.U.P.Warunjikar for the petitioners. Ms.Aparna Vatkar, AGP for the Respondent. CORAM: D.K.DESHMUKH & R.G.KETKAR, JJ. DATE: 4th August, 2011. P.C.: 1. The authorities have decided to invite fresh tenders because according to them even the last bid which is submitted by the petitioners is on higher rate. The first submission of the learned counsel appearing for the petitioners is that the tenders were invited by the Superintendent of the Hospital at Pune and the decision to invite fresh tenders is taken by other authority viz. the Joint Director of Health Services. 2. In our opinion, the Joint Director of Health Services is obviously the higher authority than the Superintendent of the Hospital and 2 therefore the decision taken by that higher authority cannot be faulted. 3. Learned counsel for the petitioners submitted that the tender notice was published in three local newspapers in Marathi as well as Hindi as well as in Economics Times in Pune, and therefore, the expectations of the authorities that they can get some other bidder quoting lower rates than that of the petitioners who have quoted Rs.170/- per patient per day, is not proper. 4. We cannot find fault with the decision of the Joint Director of Health Services, in the absence of any allegations of malice against anybody, when that authority who is supposed to have experience in the matter has taken decision to invite fresh tenders to get the lower bidder. We do not find any substance in the petition. Petition is rejected. (R.G.KETKAR, J.) (D.K.DESHMUKH, J.)