1 2025:CGHC:55061-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5377 of 2025 Adhishri Swa Sahayata Samuh Through Its Director Rajni Rajak, W/o Shri Sanjay Rajak, Aged About 39 Years, R/o Jashpur, Tahsil And District- Jashpur, C.G. --- Petitioner Versus 1 - State of Chhattisgarh Through Secretary, Health Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, District Raipur, C.G. 2 - Director Directorate of Health Services, Indrawati Bhawan, Mantralaya, Capital Complex, Naya Raipur, District Raipur, C.G. 3 - Collector Jashpur, District Jashpur, C.G. 4 - Chief Medical And Health Officer District Jashpur, C.G. 5 - Civil Surgeon Cum Chief Hospital Superintendent District Hospital Jashpur, District Jashpur, C.G. --- Respondents WPC No. 5855 of 2025 Adhishri Swa Sahayata Samuh Through Its Director Rajni Rajak, W/o. Shri Sanjay Rajak, Aged About 39 Years, R/o. Jashpur, Tahsil And District Jashpur (C.G.) ---Petitioner Versus 1 - State of Chhattisgarh Through Secretary, Health Department, Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, District Raipur (C.G.) ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.11.13 10:47:28 +0530 2 2 - Director, Directorate of Health Services, Indrawati Bhawan, Mantralaya, Capital Complex Naya Raiipur, District Raipur (C.G.) 3 - Collector, Jashpur, District Jashpur (C.G.) 4 - Chief Medical And Health Officer, District Jashpur (C.G.) 5 - Civil Surgeon Cum Chief Hospital Superintendent, District Hospital Jashpur, District Jashpur (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Anshul Tiwari, Advocate For Respondent-State : Mr. Shashank Thakur, Deputy Advocate General Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice 12.11. 2025 1. Heard Mr. Anshul Tiwari, learned counsel for the petitioner as well as Mr. Shashank Thakur, learned Deputy Advocate General, appearing for the State/respondents. 2. Mr. G.S. Jatra, who is respondent No.4 and Dr. Vipin Kumar Indwar, who is respondents No. 5 are present before this Court. 3. In WPC No.5377/2025, the petitioner has prayed for following relief(s) :- “i. That, the Hon'ble Court may kindly be pleased to quash the impugned Bid Document / Tender (Bid No. GEM/2025/B/6718469 dated 24.09.2025 Annexure P/1 and tender notice dated 3 18.09.2025 Annexure P/4 including all consequential acts, proceedings and steps taken pursuant thereto. ii. it is most respectfully prayed that this Hon'ble Court may be pleased to direct the respondent authorities to issue an appropriate corrigendum to the impugned Notice Inviting Tender (NIT) dated 24.09.2025, by suitably removing or modifying the arbitrary turnover requirement of ₹200 lakhs, and to bring the eligibility criteria in conformity with reasonable standards and the Chhattisgarh Stores Purchase Rules. iii. That, the Hon'ble Court may kindly be pleased to call the entire records pertaining to N.I.T. Bid Number: GEM/2025/B/6718469. iv. Any other relief, which this Hon'ble court deems, fit in the facts and circumstances may also be granted in favour of the petitioner.” 4. Similarly, in WPC No.5377/2025, the petitioner has prayed for following relief(s) :- “i. That, the Hon'ble Court may kindly be pleased to quash the impugned Bid Document/ Tender (Bid No. GEM/2025/B/6805176 dated 22.10.2025 Annexure P/1 and tender notice dated 17.10.2025 Annexure P/2 including all consequential acts, proceedings and steps taken pursuant thereto. 4 ii. That, it is most respectfully prayed that this Hon'ble Court may be pleased to direct the respondent authorities to issue an appropriate corrigendum to the impugned Notice Inviting Tender (NIT) dated 22.10.2025, by suitably removing or modifying the arbitrary marking system in conformity with reasonable standards and the Chhattisgarh Stores Purchase Rules. iii. That, the Hon'ble Court may kindly be pleased to call the entire records pertaining to N.I.T. Bid Number: GEM/2025/B/6805176. iv. Any other relief, which this Hon'ble court deems, fit in the facts and circumstances may also be granted in favour of the petitioner.” 5. On the last date of hearing, i.e., on 11.11.2025, this Court had directed the respondents to file an affidavit in support of the submission made by the learned counsel for the State, whereby it was stated that the respondents were ready to withdraw both the NITs which had earlier been issued. This Court had also observed that respondent No. 5, being a member of the Committee, could not properly comprehend the import of the order dated 14.10.2025 passed in WPC No. 5377/2025. Accordingly, the competent authority was directed to file an affidavit within 24 hours with respect to the said submission, and the presence of respondent Nos. 4 and 5 was marked with a further direction to remain present this Court on 12.11.2025. 5 6. Pursuant thereto, respondents No.4 and 5 are present today and they have filed their joint personal affidavit along with an application for taking documents on record being I.A. No.03/2025, relevant portion of which, reads as under :- “1. That, the present petition has been filed by the petitioner calling in question the impugned tender notice dated 24.09.2025 (Annexure P/1) and tender notice dated 18.09.2025 (Annexure P/4). That, on 14.10.2025 the Hon'ble Court was pleased to issue notice to the State with the direction to file reply and further the Court was pleased to direct that the bid shall not be opened till the next date of hearing and the matter was fixed for 07.11.2025. It is submitted that on 15.10.2025, the meeting of the tender committee was convened and the tender committee took a decision to amend/change certain conditions of the NIT and it was decided to issue an amended NIT. 2. It is most respectfully submitted that the said decision of the tender committee was taken without properly the order dated understanding the purport of 14.10.2025. A copy of the minutes of the meeting dated 14.10.2025 is being annexed herewith as ANNEXURE D/1. 3. The deponents that is respondent no. 4 and 5 who are CMHO and Civil Surgen cum Chief Hospital tender their Superintendent, 6 District Jashpur, unconditional apology for the said act and further most respectfully submits that the decision to amend the conditions of the tender was a bonafide decision and there was no ill intention behind the same. 4. That, since the matter was subjudice before the Hon'ble Court in WPC No. 5377/2025 the amended tender notice ought not to have been issued. The amended tender notice has been challenged by the petitioner by filing a fresh petition which is numbered as WPC 5855/2025, taking into account the fact that the amended tender notice was issued due to an indevertent mistake, the tender committee convened its meeting on 11.11.2025 wherein five members of the committee were physically present and three members attended the meeting through video conferencing and it was decided to cancel Number: both the bids that is (Bid GEM/2025/B/6718469 Dated 24-09-2025 and Bid Number: GEM/2025/B/6805176 Dated 22-1-2025). Copy of the minutes of the meeting of the tender committee dated 11.11.2025 is annexed herewith as ANNEXURE D/2. 5. That, the deponents again tender their unconditional apology before this Hon'ble Court and further submit that both the NITs will be cancelled and a fresh NIT will be issued after reviewing conditions of the NIT. 7 Affidavits of both i.e. respondents no. 4 and 5 are being filed herewith in support of the above mentioned submissions.” 7. From perusal of the joint affidavit filed on behalf of respondents No. 4 and 5, it transpires that both the said respondents have candidly admitted that the decision to amend the conditions of the original NITs was taken without properly understanding the purport of the order dated 14.10.2025 passed by this Court in WPC No. 5377/2025. They have further tendered their unconditional apology for the said inadvertent act and have clarified that there was no mala fide intention behind the same. It is further stated that, upon realising the error, a meeting of the tender committee was convened on 11.11.2025, wherein it was unanimously decided to cancel both the NITs in question and to issue a fresh NIT after due review of the tender conditions. 8. It further transpires that, though respondents No. 4 and 5 have tendered their unconditional apology for the aforesaid act, there appears to be no plausible or satisfactory explanation as to why the tender committee proceeded to amend the conditions of the NIT despite the clear subsistence of the interim order dated 14.10.2025 passed by this Court restraining the opening of bids. 9. Considering the contents of the joint affidavits filed on behalf of respondents No. 4 and 5, and taking into account the fact that the respondents have already proposed to cancel the NITs in question and to issue a fresh NIT after due review of the tender 8 conditions, this Court finds that no further adjudication is required in the present writ petitions. The action proposed by the respondents sufficiently addresses the grievance raised by the petitioner. 10. However, this Court deems it appropriate to observe that the concerned officers, particularly respondents No. 4 and 5, shall remain cautious in future while acting upon or interpreting the orders passed by this Court, so as to ensure that such inadvertent lapses do not recur. 11. Accordingly, the instant writ petitions stand disposed of in view of the statements and undertakings made in the joint affidavits filed by respondents No. 4 and 5. The competent authorities shall be at liberty to issue a fresh NIT in accordance with law and upon proper compliance of procedural requirements. 12. The personal presence of respondents No. 4 and 5 stands discharged. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Anu