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2022 Supreme(Ori) 651

JASWANT SINGH, M. S. SAHOO
Bombay Intelligence Security (India) Ltd. – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. D.P.Nanda, Sr. Advocate Miss. Sarita Moharana, Advocate, for the Appellant; Mr. P.K.Parhi, ASGI Mr. B.S. Rayaguru, CGC (for Opp.Party nos.1 to 4) Mr. Goutam Mukherjee, Sr. Advocate Mr. Aviral Dhirendra, Advocate Mr. Anupam Dash, Advocate Ms. Supriya Patra, Advocate (for Opp. Party no.5), for the Respondent

JUDGMENT

1. The petitioner, a company registered under the Companies Act, namely Bombay Intelligence Security (India) Ltd challenges the decision of the tendering authority/the opposite party no.2-All India Institute of Medical Science (Hereinafter, AIIMS for short), Bhubaneswar in qualifying the bid of opposite party no.5 : Quess Corporation Ltd. and awarding the contract to opposite party no.5 for providing manpower on job outsourcing basis at AIIMS Bhubaneswar for a period of two years from the date of award of contract and further extendable.

2. In the writ petition the following prayers have been made :

    (a) The acceptance of the tender bid of the opposite party no.5 and award of contract under Annexure-13 should be declared illegal, arbitrary, unreasonable and be quashed.

    (b) The bid of the petitioner should be accepted since the petitioner has complied all criteria of the tender notice dated 10.02.2021 and quoted equal rate similar to opposite party no.5.

    (c) The process adopted by the opposite party nos.3 & 4 in evaluation and finalization of the public tender should be declared illegal, arbitrary, mala fide and violative of the article 14 of the constitution of India.

3. The oppo

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