THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.21068 and 21111 of 2009 COMMON ORDER: The petitioners, in both the writ petitions, are private hospitals, having the capacity of more than 100 beds, but less than 200 beds. They were empanelled under the Central Government Health Scheme (CGHS). That enabled the petitioners to extend health services to the Central Government employees and for reimbursement of the charges. The Central Government issued E-tender document, dated 05.09.2009, for determination of rates, for empanelment of private hospitals under the CGHS. Clause-A of the document stipulates the categories of hospitals that can offer their bids. Both for general purpose hospitals and specialty hospitals, the capacity is stipulated as 200 or more beds. For super-specialty hospitals, the stipulation is 300 or more beds, and for cancer hospitals, the stipulation is 100 beds. The petitioners are general hospitals and their capacity is less than 100 beds. They feel aggrieved by the criterion stipulated under the tender document. Petitioners contend that they have already been empanelled and were rendering service to the satisfaction of all, and that there is no basis for enhancing the stipulation, as to capacity. On behalf of respondents, a counter-affidavit is filed. It is stated that the revised criteria of bed strength is not applicable to the hospitals, which are already empanelled under CGHS, and it is meant for fresh applicants. Heard Sri B.Vijaysen Reddy, learned counsel for the petitioners, and Sri C.Vani Reddy, learned Standing Counsel for the respondents. There is no dispute that the petitioners were empanelled to render service under CGHS. The E-document, dated 05.09.2009, is for the purpose of fixing the rates in future for various services. It is no doubt true that in Clause-A, the bed strength of the different categories of hospitals is stipulated, in such way, that the petitioners do not qualify under them. However, the next clause, viz., clause-B, makes it amply clear that the hospitals, which are already empanelled, would not be governed by the new guidelines. On behalf of respondents, a categorical statement is made in para 5 of the counter-affidavit, which reads: “The revised criteria of beds are not applicable to hospitals already empanelled with CGHS if they wish to continue to be empanelled for the same services. The conditions of tender document are not against the interest of petitioners.” With this, the grievance of the petitioners stands redressed. By virtue of the interim order passed by this Court, the tenders submitted by the petitioners were received by the respondents. The Writ Petitions are allowed, in view of the unequivocal stand taken by the respondents and it is held that the condition, as to strength of beds in general hospitals, does not apply to such of the petitioners, who are already under CGHS. There shall be no order as to costs. _____________________ L. NARASIMHA REDDY, J. Dt.29-12-2009. GJ