JUDGEMENT
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(1.)Petitioner - Registered Charitable and Educational Trust is knocking at the doors of Writ Court seeking a
direction to the 2nd Respondent "to withdraw the tender
notification dtd. 25/7/2022 at Annexure-B and to issue
a fresh notification by imbibing clauses to protect the
public property and to facilitate fair and transparent
competition in the interest of justice". Learned counsel
for the petitioner argues that the tender condition which
prescribes experience of '25 years' in running charitable
hospital of the kind is arbitrary and uncalled for and
therefore, the entire tender should be voided and a
direction for issuing a fresh tender needs to be granted.
(2.)After service of notice, the 1st Respondent being represented by the AGA and the 2nd by its panel
counsel vehemently oppose the petition contending that
the petitioner is essentially an educational trust, even if
arguable it is charitable. It has no locus standii to
maintain the Writ Petition. They also contend that what
condition of qualification & eligibility should be prescribed
is left to the tender inviting authority and therefore, the
Writ Courts cannot interfere in the matter. So submitting,
they seek dismissal of the Writ Petition.
(3.)Having heard the learned counsel for the parties and having perused the petition papers, this
Court declines indulgence in the matter broadly agreeing
with the submission made on behalf of the respondents.
The Trust Deed dtd. 8/11/2019 supports contention of
the respondents that the trust is less than three year old
and it is established as a public charitable trust
essentially for educational purpose. Therefore, it has no
locus standii to maintain the petition.
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