The challenge in the writ petition is the Annexure-XIII Request for Proposal (RFP) dated 03/02/2012 followed by the Memorandum of Understanding dated 11/06/2012 entered into between the Government of Assam in the Health and Family Welfare Department headed by the Mission Director, National Rural Health Mission (hereinafter referred to as NRHM), Assam and the respondent No.4 Narayan Hrudayalaya, a private limited Company, as according to the petitioners such a course of action adopted by the respondents is contrary to the earlier promise made out to them in respect of running of the particular hospital, namely, Tolaram Subhkaran Bafna District Hospital.

SEQUENCE OF EVENTS :

2. The petitioners numbering 3 are charitable trust registered under the Societies Registration Act, 1860 and are represented by their Chairman and Managing Trustee. They have filed the writ petition challenging the action of the Government of Assam in the Health Department in entering into a Memorandum of Understanding (MOU) dated 11/06/2012 with the respondent No. 4 for setting up a Super Specialty Hospital and handing over the Tolaram Bafna District Civil Hospital for the purpose.

3. The petitioner No. 1 was established on 28/03/1991 with the object of providing helping hands to the handicapped persons of North East Region by providing the Polio Effected Persons with Calipers and Artificial Limbs. The treatment rendered is free of cost and as stated in the writ petition prior to handing over the establishment to the Government of Assam, it had treated about 5,000 handicapped persons.

4. Pursuant to the discussions held with the Government of Assam officials, the petitioners No. 1 and 2 submitted an expression of interest to handover the premises of the petitioners No. 1 and 2 which included constructed area of 4 of the petitioners No. 1 and 2 which included constructed area of 4411 Sq. ft. and vacant space of 3275 Sq.ft to the Govt. of Assam for setting up the Kamrup District Hospital with the condition that the same would be named as “Tolaram Subhkaran Bafna District Hospital” Kamrup with the further condition that the said name would not be changed at any point of time. The expression of interest was conveyed vide letter dated 03/10/2006 (Annexure-I). By Annexure-II letter dated 03/10/2006, the petitioner No. 3 also had submitted an expression of interest to handover the ownership of the constructed premises of the petitioner No.3 including a 25 bedded hospital, operation theatre, physiotherapy, x-ray centre etc. to the Government of Assam for opening of the said district hospital with the condition that the present building would be named as “Acharrya Tulshi Orthopedic Centre” and that the same would be developed by the Government of Assam as Trauma-cum-Polio Surgery Centre. Be it stated here that the 25 bedded hospital was constructed over the land belong to the petitioner No.4.

5. On receipt of the aforesaid letters of expression of interest, the Deputy Commissioner, Kamrup vide his Annexure-III letter dated 07/10/2006 addressed to the Government of Assam in the Health and Family Welfare Department informing about the proposals submitted by the petitioners and requested for necessary approval thereof. In the letter, it was clearly indicated that in order to get access to the donated land and for construction of the residential complex, for developing the hospital to 100 bedded hospital, a plot of land measuring 2B 0K 4 Ls covered by Dag No. 68 of the same village will have to be acquired and the cost thereof will have to be borne by the Government. Along with the letter, a sketch showing the location was also enclosed. This aspect which finds mentioned herein, the same is the crux of the matter involved in this proceeding.

6. Pursuant to the aforesaid development, a committee was constituted by the Government of Assam vide its letter dated 15/12/2006 for fixing the terms and conditions and preparation of deed etc. The commit