IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.13072 OF 2010 ASHRAF KHAN, SON OF SHRI RAMZAN KHAN, RESIDENT OF KACHISARAI CHAKWASOLANE, POLICE STATION MITHUNPURA, DISTRICT MUZAFFARPUR VERSUS 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HEALTH DEPARTMENT, NEW SECRETARIAT BUILDING, PATNA 3. THE EXECUTIVE DIRECTOR, STATE HEALTH SOCIETY, PARIWAR KALYAN BHAWAN, SEIKHPURA, PATNA 4. THE DISTRICT MAGISTRATE –CUM- CHAIRMAN, DISTRICT HEALTH SOCIETY, EAST CHAMPARAN, MOTIHARI 5. THE CIVIL SURGEON -CUM- SECRETARY, DISTRICT HEALTH SOCIETY, EAST CHAMPARAN, MOTIHARI ……………………………………………………………………………….RESPONDENTS ******* 2 12/08/2010 Heard learned Counsel for the petitioner and the Counsel appearing on behalf of the State. The petitioner is the Executive Director –cum- Chairman of M/s Al-Helal Educational Trust, Muzaffarpur. Since the year 2005, the petitioner was allotted the work of maintaining about 16 hospitals in the district of East Champaran at Motihari. The work of the petitioner was to keep the hospitals clean, provide laundry service, running kitchen, maintenance of generators including fuel, maintenance of the apparatus and maintenance work of the hospital campus. The petitioner’s work was extended from year to year on the basis of the fact that the work was being done satisfactorily by the Trust in question. In fact, the contract of the petitioner was extended upto 16.05.2010. - 2 - It has been stated on behalf of the petitioner that in order to perform the maintenance work, he has invested a huge sum of money, inasmuch as he has bought the generators and laundry machines etc. It is stated that the Civil Surgeon –cum- Secretary of the District Health Society being satisfied with the maintenance work of the petitioner has recommended his case for extension of the contract. The petitioner is aggrieved by the fact that by Annexure-18, the District Magistrate has issued an advertisement inviting tenders for the maintenance of Hospitals. The tenders are to be filed today i.e. 12.08.2010 and opened by 4 PM. The petitioner moved this Court being aggrieved by the fact that a fresh tender for the settlement has been issued. Counsel for the petitioner is not aware of the fact whether the petitioner i.e. the Trust has participated and filed its tender. In the facts that have been stated aforesaid, the petitioner cannot complain that the advertisement is not in accordance with law. The State Government is at liberty to invite fresh tenders every year for the purposes of maintenance of the hospitals. Obviously, the Collector while considering the tenders should also be satisfied that the persons who have applied for the said work have - 3 - the required infrastructure for maintenance of the 16 hospitals in Motihari. Obviously, infrastructure means having proper generators, and staff etc. to maintain and keep the hospitals in good running condition. In the circumstances, I direct that the petitioner should be given an opportunity to compete with the other contractors for the purposes of bidding for the settlement of the hospitals in question. In case, the Trust in question has not been able to respond to the tender notice, the Collector should allow time till 11 AM of 17th August, 2010 to the Trust in question to fill in the tender. All the tenders should be opened on 17th August, 2010 by 4 PM. This application is disposed of with the aforesaid observations and directions. Let a copy of this order be handed over to Ms. Nilu Agrawal, G.A. X for communicating to the authority concerned. Anand ( Sheema Ali Khan, J. )