Courts refrain from interfering in tender evaluations by expert committees unless arbitrariness, mala fides, bias or irrationality proven; prioritising public interest and administrative expertise over private claims.

JUDGMENT :

Vivek Singh Thakur, J.

Petitioner-Company, holding a license to manufacture/ sale/distribute Class C or Class D medical devices such as Robotically Assisted Surgical System, Endosurgical Instruments & Accessories, has approached this Court seeking following substantive reliefs:-

“(I) Issue a writ, order or direction directing the Respondents to consider the representation of Petitioner and evaluate the bid of the Petitioner and grant inspection to it with fairness, with respect to tender dated 17.08.2024, bearing Tender Ref. No. HFW (ME) F (7)-2/2023- Vol-I-4589.

(ii) Alternatively, issue a writ, order or direction directing the Respondents to re-issue fresh tender in the same nature and for the same purpose as tender dated 17.08.2024, bearing Tender Ref. No. HFW (ME) F (7)-2/2023-Vol-I-4589.”

2. Respondents No. 1 to 4 are Government of Himachal Pradesh or its functionaries, whereas respondent No. 5 is successful bidder from whom requisite machinery has been purchased by the respondents-State.

3. Facts in nutshell, as emerged from pleadings of parties, i.e. petition and replies thereto, are that the Government of Himachal Pradesh for installing machinery and equipment for Robotic Surgery at Atal Institute of Medical Super Specialty, Chamiana, Shimla and Dr.RPGMC Tanda, Kangra, had floated tender vide notice dated 18.7.2023, which was published in leading newspapers on 20.7.2023, last date wherein to submit and opening the bid was firstly extended up to 23.8.2023 and secondly up to 5.9.2023. However, only two bids from two firms i.e. present petitioner and respondent No. 5, were received. In view of provisions contained in H.P. Store Purchase Rules, 2013 especially Rule 19(4) and 19(5), matter was taken up by the Department with the Government vide letter dated 11.9.2023, for further direction with regard to further re-tendering the process as provided under the Rules. In response, vide letter dated 15.9.2023, Government conveyed its approval to initiate re-tendering for installation of Machinery and Equipment of Robotic Surgery with condition that process for re-tender should be finalized within fifteen days.

4. E-tender was floated for second time for supply and installation of requisite Machinery and Equipment vide notice dated 25.9.2023 with the date of opening of technical bid as 11.12.2023. Again only two bidders, i.e. petitioner and respondent No. 5, participated in tender process. Matter was submitted by Director of Medical Education & Research (for short ‘DMER’) to the Government vide letter dated 13.12.2023 for approval of the Government to proceed further in accordance with Rules 19(4) and 19(5) of H.P. Store Purchase Rules, 2013.

5. For technically evaluating the documents and equipment after opening the technical bid, the Technical Committee was notified by the Government vide Notification dated 17.4.2023, comprising of following members:-

“1. Dr. Brij Sharma, Principal, AIMSS Chamiana, Shimla.

2. Dr. Surinder Singh Sodhi, Professor & Head, Deptt. of Anesthesia, IGMC, Shimla.

3. Dr. Puneet Mahajan,, Professor & Head, Deptt. of Surgery, IGMC, Shimla.

4. Dr. Kushla Pathania, Professor &