P. B. Bajanthri, J. –

CWJC No. 16899 of 2022

In the instant writ petition, petitioners have prayed for the following relief/reliefs: –

“a. For quashing and setting aside the minutes of meeting of the Technical Committee (Respondent No. 3) dated 22.11.2022 (“impugned order”) issued on 28.11.2022 as contained in Annexure P/1, by which the Petitioners have been held to be disqualified in technical bid in the most arbitrary manner, contrary to principles of natural justice, illegally as well as having without jurisdiction.

b. For directing the State Health Society, Bihar (Respondent No. 2) to declare the petitioners as technically qualified and consequently open their financial bid in relation to the Notice Inviting Tender (NIT) bearing reference no. 01/SHSB/PPP(AMBULANCE)/2022-23.

c. For issuing appropriate orders restraining the respondent authorities from opening financial bid and handing over the work order (in relation to the tender in furtherance of Notice Inviting Tender (NIT) Reference no., 01/SHSB/PPP(Ambulance)/2022-23 to any of the bidders until the pendency of the present writ application.

d. For declaring that the action of the Respondent No. 3 is arbitrary, mala fide, malicious, colourable exercise of power, violating of principles of natural justice as well as without jurisdiction.

e. For directing the State Health Society, Bihar (Respondent No. 2) to declare the Respondent No. 4 as disqualified in the tender bearing reference no. 01/SHSB/PPP(AMBULANCE)/2022-23.

f. For further passing such an order or orders for which the petitioners are entitled under the law in the facts and circumstances of this case.

g. For directing the respondent authorities to cancel tender bearing E-Tender (NIT) Reference No.:- 01/SHSB/PPP/(Ambulance)/2022-23 (hereinafter referred as “NIT”) invited on 05.04.2022 as the confidential information and papers, both technical & financial, of the bidders so submitted by them with their respective tender documents was leaked in connivance with officials of the department during the pendency of the evaluation of the bid and all the confidential information of the bidders, except the Respondent No. 4, have been floating in the market from one hand to another hand and whereby the tender process has been compromised.

h. For directing the respondent authorities to disqualify the Respondent No. 5 & 6 in the tender bearing reference no. 01/SHSB/PPP(AMBULANCE)/2022-23 for submission of false information in Annexure – G relevance to the RFP clause 7 for fraudulent practices.

i. for quashing the Minutes of the meeting of Project Appraisal Committee (hereinafter referred as “PAC”) held on 23.01.2023 related to financial bid opening with reference to the NIT: 01/SHSB/PPP (Ambulance)/2022- 23 wherein and where under M/s Pashupatinath Distributors Pvt. Ltd. (Respondent No. 4), the blue eye baby of the SHSB, has been declared L1 by lowering down the eligibility criteria earlier published in RFP.”

2. Petitioner No. 1 – BVG India Limited (hereinafter referred to as ‘BVG’) is a company incorporated under the Companies Act and has been providing facility management services to several public institutions and private organizations. It is also providing ambulance services in various States like State of Maharashtra, Telangana and Jammu and Kashmir. It claims that it has expertise in the aforementioned services.

3. Petitioner No. 2 – Sammaan Foundation works with marginalized section of the society in areas like healthcare, emergency services, community mobilization and participatory management. It is providing various kind of services through different projects in the States of Bihar, Jharkhand, Chattisgarh, Madhya Pradesh, Delhi and Rajasthan.

4. Petitioner No. 3 is the Consortium of the petitioner Nos. 1 and 2. Petitioner No. 3 was formed to participate in the tender issued by the State Health Society, Bihar (hereinafter refe