1 2025:CGHC:37135-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3998 of 2025 Adarsh Jan Jagriti Mahila Swa Sahayata Samuh Rajnandgaon (A Women Self Help Group) Through Its President Smt. Sarita Uke Age 52 Years, W/o Shri Kundan Uke, Residence And Office At Teachers Colony, Station Para, Ward No. 12, Near Mahila Gym Bhawan, P.S. Chikhali Rajnandgaon, District- Rajnandgaon (C.G.) ... Petitioner(s) versus 1 State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare Chhattisgarh Mahanadi Bhawan, Mantralaya, Atal Nagar, Nava Raipur, District- Raipur (C.G.) 2 Directorate Of Health And Family Welfare Department Chhattisgarh North Block, Sector-19, Swasthya Bhawan, Iind Floor, Atal Nagar, Nava Raipur, Raipur District- Raipur (C.G.) 3 Civil Surgeon Cum- Medical Superintendent District Hospital Raipur District- Raipur (C.G.) 4 Rakesh Sachdev S/o Shri Ramesh Sachdev Aged About 32 Years R/o Ganjpara, Ward No. 19, Mahasamund, District- Mahasamund (C.G.) ... Respondent(s) JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.07.31 10:32:11 +0530 2 For Appellant : Mr. Jitendra Nath Nande, Advocate For Respondent/ State : Mr. Prafull N. Bharat, A.G. with Mr. Shashank Thakur, Dy. A.G. For Respondent No. 4 : Mr. Prateek Sharma, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Ramesh Sinha , Chief Justice 30.07.2025 1. Heard Mr. Jitendra Nath Nande for the appellant and also Mr. Prafull N. Bharat learned A.G. with Mr. Shashank Thakur, learned State Counsel and Mr. Prateek Sharma, Advocate for respondent No. 4. 2. By way of this petition, the petitioner has prayed for following reliefs:- 10.1 That, the Hon'ble Court may kindly be pleased to allow the instant writ petition and issue appropriate Writ of Mandamus and direct the Respondent Authorities to allot the Tender and issue work Contract and Agreement in favor of the Petitioner as per rules stipulated in order dated 29/05/2025 wherein it is mentioned that priorities shall be given to the Self-Help Groups and Non-Profitable Organizations while allotting 3 the Tender. 10.2 That the Hon'ble Court may kindly be pleased to issue appropriate writ of mandamus and set the Work Contract and Agreement dated 18/07/2025 of Respondent No. 04 for providing dietary services which shall be commenced from 01/08/2025 as the same has been issued in contravention of the rules stipulated by order dated 29/05/2025, in the furtherance of justice. 10.3 That, the Hon'ble Court may kindly be pleased to issue appropriate writ and directed the Respondent authorities to pay and disburse the amount of Rs. 1,05,12,790/- which is due since the FY 2022-23,in the interest of justice. 10.4 Any other relief/relief's which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may kindly be please granted to the Petitioner, in the interest of justice 3. Brief facts necessary for disposal of this writ petition is that the Petitioner is a Women Self-Help Group, run by women most of them are homemakers, holds a valid Registration dated 13/05/2007 under the CG Societies Registration Act, 1973, which has been duly renewed from time to time in accordance with legal provisions of the Act of 1973. The office of Respondent No. 03 has issued a 4 NIT on 29/05/2025 whereby called a Tender for dietary services in the mother and Child Hospital, Police Line, Raipur, District Hospital, Pandri, Raipur and Civil Hospital, Mana, Raipur and on 30/05/2025 the Respondent Authorities floated Notice Inviting Bids of eligible bidders through a GEM portal bearing Bid No. GEM/2025/B/6293274 for patient dietary & its related services. The Petitioner (a Women Self-Help Group) being eligible to participate in bidding process submitted all the necessary documents as required to participate in the bidding process of the Tender dated 30/05/2025 called by the Respondent No. 03, bearing Bid No. GEM/2025/B/6293274. The NIT dated 29/05/2025 issued by the Office of the Respondent No. 03 it is clearly mentioned that while allotting the Tender, the Self-Help Groups and Non Profitable Organizations shall be given priorities. According to the petitioner, during the bidding, all the bidders have placed the same Bid and therefore, the preference should be given to the Petitioner which is a Women Self-Help Group as per the terms & conditions of the NIT but surprisingly the Respondents have not allotted the tender to the Petitioner and issued a work order/Contract dated 18/07/2025 in the favor of the Respondent No. 04 for providing dietary services which shall be commenced from 01/08/2025, violating the terms & conditions of the NIT issued by the Respondent No. 03 on dated 29/05/2025. Thus this petition. 5 4. Learned counsel for the petitioner submits that the petitioner is the only Women Self-Help Group who participated in the bidding process of Tender dated 30/05/2025 bearing GEM/2025/B/6293274 and in the NIT dated 29/05/2025 it is clearly mentioned that during the Tender process the Self-Help Groups and Non-Profitable Organizations shall be given priorities for the allotment of tender, therefore the Tender must have been allotted to the Petitioner. He further submits that the allotment of tender in favour of respondent No.4 is arbitrary and illegal without following the rules and thus deserves to be cancelled. 5. Learned Advocate General opposes the argument and by referring clause ब of the note of the NIT dated 29.05.2025 submits that selection of tenderer (L1) will be done automatically on the basis of online bid in GEM portal. He further admits the fact that there is a clause that Self-Help Groups and Non-Profitable Organizations shall be given priorities for the allotment of tender. He however submits that the petitioner has also applied at Rajnandgaon for dietary services and there also same condition was prevailing and lottery system was adopted and tender was allotted as per the GEM portal but as the petitioner was allotted the tender and he has not made any objection in that regard. Thus, the objection raised by the petitioner in the subject tender is not at all tenable. 6 6. Learned counsel for the respondent No. 4 submits that the petitioner has taken calculated risk and in same condition at different place when L1 was decided on the basis of GEM portal the petitioner made no objection as he was the one who was allotted the tender and as in this case as he has not been allotted the tender the objection is made which is bad in law. 7. We have heard learned counsel for the parties and perused the impugned order and other documents appended with writ petition. 8. Clause 2 of the NIT issued by respondent No. 3 regarding Tender for dietary services in the Mother and Child Hospital, Police Line, Raipur, District Hospital, Pendri reads as under:- 02. निनिद हेतु इच्छु क पंजीक तु स्- सहेयतु समूहे अलाभकरी सस्था ए अ भ ठेक दरी जिजीक पंस प्रनितुदिद 200 ला"गों$ क" शासक&य चि(निकत्सलाय$ / सस्था$ मू* भ"जी पंककरी प्रदय करी क अ भ हे", हे निनिद प्रस्तु तु करी सकतु हे+। शासन के निनर्दे शान सर स्व - सहायता समूहा (Self Help Group) एव अलाभकेर सस्था (Non Profit Organisation) के प्राथमिमूकेता र्दे जाएगी I निननिवर्दे प्राप्ता हान पर ताकेनके# नि$ड मू& सफला हान पर निवत्तीय नि$ड खोला जाएगी 9. Perusal of above clause made it clear that during the bidding, all the bidders have placed the same Bid and therefore, the preference should be given to the Women Self-Help Group. Thus, 7 as the petitioner herein is also a Self Help Group is entitled as per Clause 2 , the petitioner ought to have been allotted the tender and the question for deciding L1 by GEM portal does not arise at all only on the basis note appended to the said NIT dated 29.5.2025. By not allotting the tender/Work Order in favour of the petitioner herein the authorities have committed grave error, which is not at all sustainable in the eyes of law. Even they failed to establish under what provision they issued the work order in favour of the respondent No.4. 10. Considering the aforesaid facts and circumstances, we are of the view that the allotment of tender to respondent No. 4 and the work contract and agreement dated 18.07.2025 is bad in law and is liable to be and is hereby set aside. The respondent authorities are directed to issue the work contract order in favour of the present petitioner who is the Self Help Group in terms of Clause 2 of the order/ inviting tender dated 29.05.2025. 11. Accordingly, the present WPC is allowed. Sd/- Sd/- SD/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Jyoti/ $ Bhilwar