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2004 Supreme(Raj) 713
Rajasthan High Court, Jaipur Bench
Honble K.S. RATHORE, J.
Neeraj & Associates (M/s) - Appellant
Versus
State of Rajasthan & Ors. - Respondents
S.B. Civil Writ Petition No. 4246 of 2004
Decided On : August 04, 2004
G.K. Garg, A.K. Bhargava & S.S. Hora, for Petitioners B.P. Agarwal, Advocate General with D.D. Sharma, Dy. G.A. for the State Abhay Bhandari, for Medicare Relief Society
Headnote:Contract Act, 1872, Sec. 7 & 8 – Whether the approval letter can be termed as concluded contract or not and whether the State is having jurisdiction to decide for re-tender in public interest – Pursuant to intimation letter petitioner were required to execute the agreement and furnish the bank guarantee – Held – The intimation letter (offer) cannot be termed as concluded contract – For the purpose of contract, after acceptance of the offer, the parties have to enter into an agreement – No agreement was executed – Contract cannot said to be concluded. (Paras 46 & 47)
This offer cannot be termed as concluded contract. For the purposes of contract, after acceptance of the offer, the parties have to enter into an agreement. Here in the instant case, no agreement was executed, therefore, the contract cannot said to be concluded between the parties. (Para 47)
(2). An advertisement was issued on 12.3.2004 by the respondents in daily newspaper Danik Bhaskar for inviting the tenders to install CT Scan & MRI machine in SMS Hospital, Jaipur.
(3). All the petitioners submitted their technical and financial bids. The technical bids were opened on 21.4.2004 by the committee constituted for this purpose by the Rajasthan Medicare Relief Society. After opening of the technical bids, financial bids were opened on 18.5.2004. To this effect, a press note was issued by the respondents on 22.6.2004 in daily newspaper Rajasthan Patrika that M/s Neeraj & Associates is found eligible to install CT Scan Machine and M/s Okay Diagnostic Research Centre to install MRI machine, but the M/s Hospital & Hospital did not qualify in the tender despite this fact that the offer made by the M/s Hospital & Hospital was lowest in comparison to the qualified tenderers.
(4). The contract of installation of CT Scan and MRI machines were decided to be given to the private parties with the objects (i) to effectively provide services to the ailing public to get diagnostic tests done and present their reports before the treating Doctor (ii) to mitigate the expenditure, which was considered to be always on the higher side for the purposes of getting the diagnosis done with the help of CT Scan machine (iii) to ensure that the tests which are not possible for being carried out with the help of CT Scan machine installed in SMS Hospital and to provide the latest machines. This decision was also taken keeping in view to cut down the waiting period which patients are facing with the Hospital CT Scan Machine and to avoid higher costs to be undergone by patients who are compelled to seek diagnosis done at the private diagnosis centers having the facility of CT Scan when they are urgently required to have the said diagnosis done and cannot wait for their turn. It was also thought proper to provide free diagnosis scanning to 20% poor persons.
(5). The relief society-respondent No. 2 was registered vide certificate of Registration dated 28.10.1996 under the Rajasthan Societies Registration Act, 1958. The first Managing Committee as constituted under Article 4 of the Constitution of the society was as under:-
i) Shri O.P. Bihar, I.A.S., Principal Secretary, Medical and Health Services, Government of Rajasthan, Jaipur-Chairman;
ii) Smt. Alka Kala, I.A.S., Divisional Commissioner, Jaipur-Vice Chairman;
iii) Shri S.N. Thanvi, I.A.S., District Collector, Jaipur- Member;
iv) Dr. P.L. Nawalkha, Professor, Medical College, Jaipur- Member;
v) Dr. G.S. Gahlot, Director, Medical and Health Services, Rajasthan-Member;
vi) Dr. H.H. Hathi, Superintendent, S.M.S. Hospital, Jaipur-Member Secretary;
vii) Dr. S.C. Mathur, Head, Department of Medicine, S.M.S. Hospital, Jaipur-Member;
viii) Dr. S.R. Dharkar, Head, Department of Neuro Surgery, S.M.S. Hospital, Jaipur-Member;
ix) Dr. J.C. Sharma, Head, Department of Orthopaedics, S.M.S. Hospital, Jaipur-Member.
(6). An amendment was made to the Constitution by a resolution passed by the Managing Committee of the Relief Society on 6.5.1997 whereby the Constitution stood amended in respect of the properties of the Relief Societies as follows:-
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(7). The said society has been founded for the purpose to provide facilities on cost basis (various routine and special diagnostic tests) to the patients and to provide clinical facilities on cost basis thus, the society is not having any profit making aim.
(8). The technical and financial bids
