Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:19531] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7014/2025 M/s S.S. Associates, Through Its Proprietor Mrs Indra Sharma W/o Sh. Santosh Sharma Aged 45 Years Having Office At 103, Laxman Path, Shyam Nagar, Sodala, Jaipur-302019. ----Petitioner Versus
1. State Of Rajasthan, Through Secretary, Medical Education Department Government Of Rajasthan, Secretariat, Jaipur-302005.
2. Secretary, Medical Education Department, Office At In Fornt Of Mental Hospital, Janta Colony, Jaipur-302004.
3. Principal, S.m.s. Medical College, Jawaharlal Nehru Marg, Jaipur-302004. ----Respondents For Petitioner(s) : Ms. Neha Sharma HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 08/05/2025
Learned counsel for the petitioner-firm submits that against the arbitrary and non-transparent conditions incorporated in e- Tender No. 167 issued by the S.M.S. Medical College, Jaipur, the petitioner-firm raised detailed objections at the pre-bid stage. It is submitted that objections raised by the petitioner-firm were not considered by respondent No.3. Counsel submits that first appeal was preferred by the petitioner-firm but same was dismissed vide
order dated 12.03.2025 thereafter, second appeal under Section 38(4) of Rajasthan Transparency in Public Procurement Act (in short ‘RTPP Act’) was preferred by the petitioner-firm but till date, same has not been decided. Counsel submits that as per section
[2025:RJ-JP:19531] (2 of 2) [CW-7014/2025] 38(6) of the RTPP Act, the second appellate authority is statutorily bound to decide the appeal within 30 days. In these circumstances, petitioner-firm has no option but to take shelter of this Court. Considering overall facts and circumstances of the case, I deem it just and proper to dispose of this writ petition with the following directions:- a) Petitioner-firm is directed to file appropriate application before the second appellate authority for expediting disposal of his appeal along with certified copy of this order within seven days from today. b) If any such application is filed by the petitioner, second Appellate Authority is directed to dispose of the second appeal filed by the petitioner within a period of 15 days in accordance with law, if same is not decided. c) If same is decided, Appellate Authority is
directed to provide the copy of the decision to the petitioner. With the aforesaid directions this civil writ petition stands
disposed of. Stay application as well as pending application(s), if any, also stand disposed of.
(ANIL KUMAR UPMAN),J LALIT MOHAN /60