State authorities must strictly adhere to judicial mandates; an administrative order issued inadvertently that contradicts a court's ruling quashing a tender process is unsustainable and must be withdrawn to ensure fair treatment.

Order on Board

Per Ramesh Sinha, Chief Justice

1. Heard Mr. Anshul Tiwari, learned counsel for the petitioner. Also heard Mr. Shashank Thakur, learned Addl. Advocate General for the Respondent/ State.

2. The petitioners have filed the present petition under Article 226 of the Constitution of India with the following prayer(s):-

“i. That, the Hon'ble Court may kindly be pleased to Issue an appropriate writ, order or direction quashing and setting aside the impugned letter dated 16.04.2026 issued by the Civil Surgeon cum Chief Hospital Superintendent, District Hospital, Jashpur (Annexure P/6), being arbitrary, illegal and contrary to the law.

ii. it is most respectfully prayed that this Hon'ble Court may be pleased to issue an appropriate writ, order or direction, including a writ of Mandamus, directing the respondents to forthwith discontinue and restrain respondent no. 6 from continuing catering services in District Hospital, Jashpur, as the same is being carried out without any valid tender, authority or lawful selection process.

iii. That, the Hon'ble Court may kindly be pleased to issue an appropriate writ directing the respondent authorities not to dispossess the petitioner from the premises of District Hospital, Jashpur and to permit the petitioner to continue its services, or in the alternative, to maintain status quo,till a fresh tender process is initiated and finalized in accordance with law.

iv. Any other relief, which this Hon'ble court deems, fit in the facts and circumstances may also be granted in favour of the petitioner.”

3. Brief fact of the case are that the petitioner is a women, self-help group engaged in welfare activities under various schemes of the Government of Chhattisgarh and is also successfully operating “Gad Kalewa” restaurant at Jungle Bazar, Jashpur with long experience in providing catering services. The respondent authorities floated a tender dated 19.02.2026 bearing Bid No. GEM/2025/B/7032239 for catering services at District Hospital, Jashpur, prescribing turnover and eligibility conditions despite relaxation provisions applicable to Micro and Small Enterprises (MSEs). Aggrieved thereby, the petitioner challenged the said tender before this Court in W.P.(C) No. 1597 of 2026, wherein this Court vide order dated 09.04.2026 quashed the entire tender process including the declaration of respondent no. 6 as H1 and petitioner as H2, while directing the authorities to issue a fresh NIT strictly in accordance with law and in compliance with MSE relaxation provisions. However, despite the clear directions of this Court, respondent no. 6 was allowed to continue catering services in the hospital. When the petitioner requested compliance of the order through representations dated 13.04.2026 and 16.04.2026, instead of removing respondent no. 6, the respondent authorities issued the impugned letter dated 16.04.2026 directing the petitioner to vacate the hospital premises on the ground that its tenure had expired, and thereafter failed to consider the petitioner’s detailed representation dated 17.04.2026.

4. Learned counsel for the petitioner would submits that that the impugned action of the respondent authorities in directing the petitioner to vacate the hospital premises is wholly illegal, arbitrary, discriminatory and contrary to the judgment dated 09.04.2026 passed by this Court in WPC No. 1597 of 2026, whereby the entire tender process dated