[2025:RJ-JD:35197]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9981/2025 Molecular Scientific Core Healthcare Private Limited, having its Principal Place of Business at 18/431, Indira Nagar, Lucknow, Uttar Pradesh and Bikaner Office at A-15, Durga Colony, behind Vaishnav Dham Mandir, Bikaner, through its Authorized Signatory - Dr. Rajesh Acharya, Son of Mahendra Kumar Acharya, Aged About 39 Years, Resident of House No. - 4/E/446, Jai Narayan Vyas Colony, Bikaner, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, through the Principal Secretary, Medical & Health Department, Government Of Rajasthan, Jaipur, Rajasthan.

2. Divisional Commissioner-Cum-President Of Rajasthan Medicare Relief Society (R.M.R.S.), Bikaner.

3. Principal, Sardar Patel Medical College, Bikaner.

4. Superintendent and Member Secretary, Rajasthan Medicare Relief Society (R.M.R.S.), P.B.M. Hospital, Bikaner.

5. Superintendent, P.B.M. Hospital, Bikaner.

----Respondents For Petitioner(s) : Dr. Sachin Acharya, Sr. Adv. Assisted by Mr. M.S. Purohit, Adv. And Mr. Amit Kumar Purohit, Adv.

For Respondent(s) : Ms. Anita Rajpurohit on behalf of Mr. Narendra Singh Rajpurohit, AAG HON'BLE MR. JUSTICE MUNNURI LAXMAN

Judgment

Judgment Reserved on : 01/07/2025 Judgment Pronounced on : 11/08/2025

1) The present writ petition has been filed challenging the proceedings dated 27.03.2025 and the communication dated 22.04.2025, along with the consequential direction to continue the contract until the contract period is completed. He is also seeking a direction to pay the amounts due for the services rendered under the contract.

2) Brief case of the petitioner is that the petitioner was the successful bidder for establishing PET Scan and Gamma Test services on an outsourcing basis in hospitals under the Mukhyamantri Ayushman Arogya Yojana and Rajasthan Government Health Scheme (RGHS). Originally, the tender was for two years, extendable by one year after review. Subsequently, by corrigendum, the original two-year contract period was extended to three years. The petitioner was declared the successful tenderer for a rate contract of three years and was accordingly awarded the work for providing PET Scan and Gamma Test services on an outsourcing basis. The contract commenced on 23.08.2023. He continues to be entitled to the contract under the same work order up to 23.08.2026. Before the contract period expired, a new tender process was initiated for the establishment of PET Scan and Gamma Test services on an outsourcing basis.

3) A meeting was convened by order dated 27.03.2025 of the Sub-Committee for the finalization of the tender document and the terms and conditions of the schedule. Consequently, a letter dated 22.04.2025 was issued to the petitioner, allowing him to continue rendering services until the new tender is issued, in accordance with Rule 73(3)(b) of the Rajasthan Transparency in Public Procurement Rules, 2013 (hereinafter referred to as, “The Rules of 2013”). Assailing the same, the present writ petition has been filed.

4) The case of the respondent is that the contract was awarded to the petitioner for an estimated value of Rs.400 lakhs. Although the contract period was for three years, since the contract value has already been exceeded, surpassing the estimated value, the petitioner cannot insist on continuing the contract period by demanding the supply of quantities beyond assured quantities in the tender document. The respondents reserve the right to vary the quantity in accordance with Rule 73 of the Rules of 2013. Therefore, the petitioner cannot insist on quantities exceeding the estimates reflected in the tender document. Hence, the impugned action of the respondents in inviting a new tender by finalizing the tender document and terms and conditions, along with the consequential communications, cannot be said to be without jurisdiction.

5) Heard both the learned counsel for the parties.

6) The learned Senior Counsel appearing for the