JUDGMENT :

B.R. Sarangi, J.

The Superintendent, Sardar Vallavbhai Patel Post Graduate Institute of Pediatrics (SVPPGIP), Health and Family Welfare Department, Cuttack-opposite party no.1 published tender notice no.2654 (Annexure-1) inviting sealed tenders under two bid system from reputed and experienced service providers for supply of manpower for cleaning and sanitation of the hospital, as well as for security services for round the clock services for a period of one year. Each tender was to contain both technical and financial bids separately. The technical bids were to be opened first and financial bids were to be opened of those bidders, who qualified in technical bids. The details of information for outsourcing the service of cleaning, sanitation work and security services was given in the tender documents separately, which was to be downloaded from the website or purchased from the office on paying cash of Rs.1000/-non-refundable for each tender papers on all working days from 11 AM to 4 PM within the stipulated period.

2. The petitioner M/s Executive Security Services Pvt. Ltd. is a company registered under the Companies Act. It has been providing security services to different government, as well as private organizations across the State, and possessed proper registration and licenses for doing such work. As such, it was the successful bidder for the previous year in respect of opposite party no.1. The petitioner and opposite party no.2 submitted their bids to provide services of security guards before the last date and time for submission of tender, i.e., 09.08.2016 up to 4.30 PM. As per the tender document, the technical bids were to be opened on 10.08.2016 at 3.30 PM in the office chamber of opposite party no.1, and the bidders who would be successful in the technical bid, were to be allowed to participate in the financial bid to be opened on 11.08.2016 at 3.30 PM. Both petitioner and opposite party no.2, having become successful in technical bid, their financial bids were opened on the date fixed by the competent authority and opposite party no.2, being the lowest bidder, was declared successful.

3. An objection was raised by the petitioner that performance of opposite party no.2, in providing cleaning and sanitation services to Capital Hospital, Bhubaneswar, was not satisfactory, and it had earned a bad reputation. In addition to the same, the bid submitted by opposite party no.2 violated the circular issued by the Government of India on service tax component, labour component and other ancillary things, and without verifying the same in proper perspective as because the opposite party no.2 had quoted lowest price, the declaration of it for the work in question cannot sustain. Hence, the petitioner has approached this Court by filing the present writ petition to quash the office order dated 19.09.2016, by which the petitioner has been requested to withdraw the security services manpower with effect from 16.10.2016 forenoon and allow opposite party no.2 to provide security services manpower to the institution from that date for smooth management of the hospital, and opposite party no.2 has been directed to submit the agreement before 15.10.2016.

4. Sri Aditya Mishra, learned counsel for the petitioner strenuously contended that consideration of the tender submitted by opposite party no.2 was in gross violation of the provisions contained in the tender document, inasmuch it violated the circular issued by Government of India on service tax component, labour component and, more particularly, the statutory deposits, which were to be paid in shape of E.S.I. and E.P.F. of the security persons. As such, the price quoted was violative of minimum wages notifications of the government issued from time to time. Above all, the performance of opposite party no.2 was not satisfactory as it was carrying on the cleaning and sanitation service of the Capital Hospital, Bhubaneswar. He further contended that opposite party no.2 was othe