Neutral Citation No. - 2025:AHC:35974-DB Court No. - 29 Case :- WRIT - C No. - 6924 of 2024 Petitioner :- M/S Perfect Lovya Securities Pvt Ltd Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Aditya Pandey,Kartikeya Saran,Ujjawal Satsangi Counsel for Respondent :- C.S.C.,Devansh Misra Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. On the previous occasion, this Court passed following orders:- "Various submissions are advanced on behalf of the parties in respect of legality of the award of contract on GeM Portal by the Chief Medical Officer of the District concerned. The petitioner before this Court was awarded a previous contract in the year 2021 for a period of two years. The term of the contract in favour of the petitioner has come to an end. This contract, however, was extended by the Chief Medical Officer as some further time was likely to be consumed in award of fresh contract. The parties are at issue primarily on the impact of two Government orders, which operate in the field. The first Government order dated 7th July, 2022 states that the work of engagement of man power by way of outsourcing would be undertaken through U.P. Medical Supply Corporation Ltd. on GeM Portal and the Chief Medical Officer of the District shall not do so, at their level. This is specifically provided under the Government order of 7th July, 2022. The subsequent Government order issued by Principal Secretary, Government of U.P. dated 29th March, 2023 has modified the earlier provision for engagement of man power. This Government order is applicable in all departments including the Department of Medical Services in the State of U.P. This Government order, however, does not specifically modify the earlier Government order issued by the Department of Medical Education dated 7th July, 2022, particularly regarding competence of Chief Medical Officer of the District to award such contract. The moot question that needs answer is as to whether the policy decision taken in the Government order of 7th July, 2022 prohibiting the Chief Medical Officers to engage persons by way of outsourcing at its own level continues to subsist or has been modified by the subsequent Government order wherein no such restrain exists. Before proceeding to adjudicate the issues raised, we direct the respondent no. 1 to get the issue examined and file an affidavit of a responsible officer clearly disclosing the stand of the State Government in this regard, within two weeks. Such affidavit would be served upon learned counsel for the petitioner by 10th March, 2025. List this matter, once again, on 11th March, 2025. Interim order granted earlier, to continue till the next date of listing." An affidavit has been filed by the Principal Secretary, Department of Medical Health and Family Welfare, stating that though a decision was taken earlier on 7.7.2022 to get the contract for supply of manpower undertaken through U.P. Medical Supplies Corporation Ltd., but the said Corporation has failed to complete the tender process. The Government Order dated 7th July, 2022 has been annexed in order to state that the process of award of contract through the U.P. Medical Supplies Corporation Ltd. since could not be finalized, as such, by a separate Government Order of 29th March, 2023, a decision has been taken to award the contract at GeM Portal at the district level. Sri Kartikeya Saran appearing for the petitioner states that the authorities cannot be permitted to blow hot and cold and once the State Government has authorized the U.P. Medical Supplies Corporation Ltd. to secure supply of manpower, it would not be open for the respondents now to take a different view. Petition is opposed by counsel for the respondents. Two things are undisputed. Firstly, the decision of the State Government to get the supply of manpower through the U.P. Medical Supplies Corporation Ltd. stands superseded by a subsequent decision of the State Government to get such contract awarded on GeM Portal. This is specifically so, as the Principal Secretary has stated that despite the decision of the State Government, the concerned Corporation could not complete the work of award of contract for securing supply of manpower. Secondly, the Principal Secretary in his affidavit has stated that the action of getting supply of manpower through the office of Chief Medical Officer is authorized by the State. We otherwise find that petitioner has also participated in the tender process floated on GeM Portal and merely because it has failed to secure tender, we do not find any justification for the petitioner to file the present petition. Although, it is stated that petitioner had taken part in the tender process at GeM Portal under protest, but we do not approve of the action of the petitioner in taking chance by participating in the tender process and having failed to secure contract approach this Court by filing the writ petition. It is always open for the State to decide the manner in which contract for supply of manpower is to be awarded. The process, however, must remain fair and transparent. The award of contract at GeM Portal meets the requirement of such fairness and transparency. Once the award of contract is under the specific authorization of the State, we find no good ground to interfere in the writ petition. The authorities shall be at liberty to proceed further, in accordance with law. The writ petition fails and is dismissed. Interim order stands discharged. Order Date :- 11.3.2025 Ranjeet Sahu Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad