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2020 Supreme(Bom) 1386

DAMA SESHADRI NAIDU, NUTAN D.SARDESSAI
R. Venkatesh – Appellant
Versus
State Of Goa – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Ms. Gayatri Singh, Senior Advocate with Ms. Caroline Collasso and Ms. Ronita Bhattacharya
For the Respondent:D. Pangam, Advocate General with Deep Shirodkar, Additional Government Advocate, A. D. Bhobe
S.D. Lotlikar, Senior Counsel as Amicus Curiae.

JUDGMENT :

Dama Seshadri Naidu, J.

INTRODUCTION :

The Government invites bids for establishing dialysis centres in the State of Goa. It fixes certain eligibility criteria for the bidders. An existing operator under the previous notification finds himself ineligible because of the new conditions. He assails the tender notification as tailor made with the objective of keeping him out of the reckoning and of helping a chosen candidate. He also complains that the Government has not complied with the Guidelines governing the government tenders.

Do these objections sustain themselves?

Facts :

2. One public spirited person filed PIL Writ Petition No. 359/2007 thirteen years ago. He espoused the public cause on the premise that the Government-run hospitals were in a deplorable condition. So he wanted judicial intervention. Pending that writ petition, to support his contentions, the petitioner in PIL WP No. 359/2007 secured and filed a third party’s affidavit. That affidavit affirms the allegations in the writ petition. That third party—Dr. R. Venkatesh—is the petitioner before us. He, in fact, filed two writ petitions : WP No. 1114/2016 and WP No. 718/2018.

3. The first Writ Petition—PIL WP No. 3

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