Challenging the Notice Inviting Tender dated 22.08.2014 issued by the Jharkhand State Tribal Cooperative Development Corporation Limited for selection of suitable Private Sector Operators for Upgradation, Operation, Maintenance and Management of existing 9 MESO hospitals in Jharkhand and seeking direction upon the respondents to renew/extend the existing agreement with the petitioners for a further period of five years in terms of Clause 5.1 of MoU dated 04.02.2009, the present writ petitions have been filed.

2. It is stated by the counsel for the petitioners that in all the writ petitions similar prayer has been made and a common question of law is involved in all the writ petitions and therefore, all the writ petitions were heard together and by this common order, the writ petitions are disposed of. Mr. Jitendra Singh, the learned senior counsel advanced argument referring to W.P.(C) No.4450 of 2014, the facts of which are noticed in detail. The counsel appearing in other cases adopted his argument.

W.P.(C) No.4450 of 2014

Briefly stated, the petitioner-Institute of Continuing Education Research and Training, a non-governmental organisation, is a society registered under the Societies Registration Act, which is involved in various social welfare activities. Under the MESO project, for operation of the hospitals the government took a decision vide Memo dated 16.03.2006 to entrust the work of running the hospitals to nongovernmental organisation, private organisation and corporate organisation, for which a tender notice was issued. The petitioner submitted its Expression of Interest with proposal for running and managing 7 hospitals for which, it gave its presentation on 4th and 5th April, 2006 before the Committee constituted by the State Government. The said Committee after detailed scrutiny of the credibility, capability and objectivity of the parties, shortlisted 5 organisations including the petitioner for operation of 14 hospitals in Public Private Partnership Model. The petitioner and other successful participants were informed vide letter dated 16.10.2007 the decision of their selection for running 50beded MESO Rural hospitals. A draft MoU was handed over to the successful participants and a meeting was convened in the office of Tribal Welfare Commissioner, Jharkhand on 24.10.2007. Finally, on 04.02.2009 Memorandum of Understanding was signed with the petitioner for Upgradation, Operation, Maintenance and Management of MESO Rural hospital, Basardih, Lohardaga and MESO Rural Hospital, Kuchai, Saraikella-Kharsawan. It is stated that the petitioner has been operating both the hospitals successfully and the work executed by the petitioner has been found satisfactory during each visit/inspection and verification. The Project Director and Civil Surgeoncum-Chief Medical Officer, Saraikella-Kharsawan conducted an inspection on 08.01.2014 and he also recorded his satisfaction to the performance of the petitioner, a copy of which has been communicated to the Tribal Welfare Commissioner vide letter dated 09.01.2014. The Tribal Welfare Commissioner visited the hospital on 12.06.2014 and he has also expressed his full satisfaction in the inspection report. Similarly, the Project Director (Integrated) Tribal Development Authority, Lohardaga communicated his satisfaction to the Tribal Welfare Commissioner of the successful performance by the petitioner, vide letter dated 15.01.2014. Prior to expiry of the period of 60 months for which MoU was signed on 04.02.2009, the petitioner submitted applications dated 19.09.2013, 20.01.2014 and 12.03.2014 for renewal or extension of the period of MoU. However, no decision was taken and on 22.08.2014, a Notice Inviting Tender was published by the Jharkhand State Tribal Cooperative Development Corporation Limitedrespondent no.6 for selection of suitable Private Sector Operators for Upgradation, Operation, Maintenance and Management of existing 9 MESO hospitals in Jharkhand. It is stated tha