ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 09-02-2024 The petitioner is concerned with the contract entered into for three years between 10.09.2020 to 11.09.2023 for supply of energy to the Hospitals within the District of Katihar. The petitioner’s contention is that there was satisfactory compliance of the conditions of the contract and hence he is entitled to be considered for continuance as per the policy of the Society coming forth in Annexure-P/6.

2. We heard learned Senior Counsel Sri Y.V. Giri and the learned counsel appearing for the State and the Society. Admittedly, the contract expired on 11.09.2023 and as of now by Exhibit-P7 a Notice Inviting E-Tender (e-NIT), have been called for. The ground for continuance is based first on Annexure-P6 and also on Clause-7 of the agreement, which is produced at Annexure-P/2.

3. Looking at Annexure-P/6; the Executive Director of the State Health Society had issued a communication to all Civil Surgeons that after due diligence it has been decided that work of Agencies working under public private partnership, if found satisfactory for one year, then the period of the said agency can be extended for three years. In the present