Case Title | Padmavathi Hospitality and Facilities Management Service Vs Tamil Nadu Medical Service Corporation |
Court | Madras high Court |
Honorable judges | Justice C.V.Karthikeyan |
Citation | 2022 (02) GSTPanacea 560 HC Madras W.P.Nos.24412 & 27267 Of 2019 |
Judgement Date | 28-Feburay 2022 |
The Writ Petition in the nature of Mandamus has been filed by [Petitioner’s Name] against the Tamil Nadu Medical Service Corporation (TNMSC), a Government of Tamil Nadu undertaking, urging the court to direct TNMSC to reject the bid of M/s.Krystal Integrated Services Pvt. Ltd., Mumbai (the 4th respondent), and instead award the contract in Tender No.432/outsourcing/DME/TNMSC/Engg/2019 dated 19.02.2019 to the petitioner for all zones, namely zones 1 to 5.
The petitioner asserts that they are the rightful candidate for the tender contract and have submitted a bid meeting all the necessary requirements and specifications outlined in the tender document. They argue that their bid offers the best value proposition and would ensure the efficient execution of the outsourcing services as per the tender’s objectives.
Furthermore, the petitioner alleges that M/s.Krystal Integrated Services Pvt. Ltd.’s bid fails to meet the stipulated criteria and standards set forth in the tender document. They highlight discrepancies and shortcomings in the bid submitted by the 4th respondent, including but not limited to, financial inconsistencies, lack of relevant experience, and failure to comply with mandatory technical specifications.
The petitioner contends that the awarding of the contract to M/s.Krystal Integrated Services Pvt. Ltd. would not only be unjust but would also compromise the quality and effectiveness of the outsourcing services to be provided under the tender. They emphasize the potential adverse consequences of awarding the contract to an incompetent bidder, which could impact the delivery of critical services in the healthcare sector.
Moreover, the petitioner argues that TNMSC has a legal obligation to ensure transparency, fairness, and adherence to established procedures in the tendering process. By awarding the contract to M/s.Krystal Integrated Services Pvt. Ltd., TNMSC would be violating these principles and undermining the integrity of the procurement process.
In light of these concerns, the petitioner seeks the intervention of the court through the issuance of a Writ of Mandamus, compelling TNMSC to reject the bid of M/s.Krystal Integrated Services Pvt. Ltd. and award the contract to the petitioner for all zones specified in the tender document. They emphasize that such a decision would not only uphold the principles of fairness and transparency but also safeguard the public interest and ensure the effective delivery of essential services in the healthcare sector.
The writ petitions in question have been filed in the nature of Mandamus, seeking judicial intervention to direct the Tamil Nadu Medical Service Corporation (TNMSC), a government undertaking, regarding the awarding of a contract under Tender No.432/outsourcing/DME/TNMSC/Engg/2019 dated 19.02.2019.
In the first petition, the petitioner urges the court to instruct TNMSC to reject the bid submitted by M/s.Krystal Integrated Services Pvt. Ltd., Mumbai (the 4th respondent), and subsequently grant the contract for all five zones (zones 1 to 5) to the petitioner.
The second petition also seeks a Mandamus directive, this time urging TNMSC to reject the bids of both M/s.Padmavathi Hospitality and Facilities Management Services, Chennai (the 3rd respondent and also the petitioner in W.P.No.24412 of 2019), and M/s.Krystal Integrated Services Pvt. Ltd., Mumbai (the 4th respondent). The petitioner in this case asks for the contract related to the same tender to be awarded to them for zones 1 to 5.
In essence, both petitions are aimed at securing the contract in question for the petitioners by contesting the validity or suitability of the bids submitted by other entities. They seek the court’s intervention through the issuance of a Mandamus order, compelling TNMSC to act in a manner favorable to the petitioners’ interests.
The writ petitions seek a mandamus to direct the Tamil Nadu Medical Service Corporation (TNMSC) to reject the bids of specific respondents and award the contract for outsourcing housekeeping and security services to the petitioners for all zones (Zones 1 to 5) in Tender No. 432/outsourcing/DME/TNMSC/Engg/2019 dated 19.02.2019.
The first petition specifically targets the bid of M/s. Krystal Integrated Services Pvt. Ltd., Mumbai, while the second petition targets the bids of both M/s. Padmavathi Hospitality and Facilities Management Services, Chennai, and M/s. Krystal Integrated Services Pvt. Ltd., Mumbai. The petitioners argue that the TNMSC should reject these bids and award the contract to them.
In support of their claim, the affidavit filed by the partner and authorized representative of M/s. Padmavathi Hospitality & Facilities Management Services highlights alleged irregularities in the tender process conducted by TNMSC. The petitioners contend that TNMSC should adhere to fair and transparent procedures and that awarding the contract to them would be in the best interest of all parties involved.
Overall, the petitioners seek judicial intervention to ensure fairness in the tender process and to secure the contract for providing housekeeping and security services across multiple zones in Tamil Nadu.
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