( 2025:HHC:33004 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No.2786 of 2025 a/w CWP No.9060 of 2025 Decided on: 18 th September , 2025 __________________________________________________ CWP No.2786 of 2025 M/s R.K. & Company ....Petitioner Versus State of H.P. and others ...Respondents ___________________________________________________ CWP No.9060 of 2025 M/s R.K. & Company ....Petitioner Versus State of H.P. and others ...Respondents ___________________________________________________ Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice Hon'ble Mr. Justice Ranjan Sharma, Judge Whether approved for reporting? 1 For the petitioner(s): Mr. Vinod Kumar Thakur, Advocate, in both the petitions For the respondents: Mr. Pranay Pratap Singh, Additional Advocate General, for the respondents- State, in both the petitions. G.S. Sandhawalia, Chief Justice (Oral) The prayer made herein is to direct the respondents to open the financial bids and award tenders to successful bidders as per law. 2. It is in peculiar facts and circumstances, we have to allow the present writ petitions, since the stand taken by the State in the present case is that the decision was taken on 07.11.2024 (Annexure P-4) that no tender will be invited or extended for hiring 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 of manpower services at College level and all the requirements for hiring of manpower services will be sent to HPSEDC and thus not proceeding with the award of the tenders. 3. Reliance was placed upon the instructions dated 07.03.2025 (Annexure R-2) by the State apart from the defence taken that on an earlier occasion on 07.11.2024 (Annexure P-4), necessary instructions had been issued by Director, Medical Education & Research, H.P., Shimla, that no tender will be invited or extended for hiring of manpower services at college level and all the requirements shall be sent to the said Corporation. 4. Unfortunately, the Colleges in the State have not complied with the mandate and directions and an affidavit came to be filed by the petitioner regarding the fact that a uniform procedure was not being followed. Example was given of Government Zonal Hospital, Dharamshala, Civil Hospital Jawalamukhi, Civil Hospital, Kangra, District Kangra, H.P. & Civil Hospital Una, District Una, H.P., where fresh tenders had been floated at their own level. The respondents had also even opened technical bid of Civil Hospital, Una District Una and Zonal Hospital Dharamshala on 13.02.2025 and 21.02.2025. The necessary Annexures X, Y and Z were placed on record, showing the notices inviting tenders for the said purpose after the instructions dated 07.11.2024 had been issued. 3 5. It is not disputed that in the present case the petitioner was one of the bidders as such in pursuance of the notice inviting tender dated 03.08.2024. The opening of the technical bid was 27.08.2024 and the opening of the financial bid was after scrutiny of the technical bid. 6. Counsel for the petitioner has brought to our notice that midway in December 2024, a clarification was sought on account of the letter dated 07.11.2024, that whether the bid opening should continue or not and it is in such circumstances, the things have come to a halt. 7. It is not disputed that there is an interim order operating w.e.f. 10.03.2025. The relevant portion of the said order reads as under:- “Records have been produced and the same are ordered to be returned for the time being. Learned counsel for the petitioner states that the only ground on which the tender has not been opened, is communication dated 07.11.2024 from the Director, Medical Education & Research, H.P. to the Principal of the Hospitals, wherein it has been mentioned that the Government has decided that in future, no tender will be invited or extended for hiring of manpower services at College level and this would now be done through the HPSEDC. Yet the respondents themselves have awarded similar tenders for manpower services in Government Medical Colleges as late as on 27.02.2025. Let affidavit to this effect alongwith relevant documents be 4 filed within a week. List on 17.03.2025, till then, status quo be maintained.” 8. Thereafter, another order was passed on 17.03.2025, which reads as under:- “List on 24.03.2025, when clear-cut instructions be obtained by the respondents with regard to veracity and correctness of the averments made in para 3 of the affidavit filed by the petitioner in pursuance to the order dated 10.03.2025.” 9. Unfortunately, State has still not cleared the air, regarding how other hospitals as such are continuing with their tender process at their own level. 10. In such circumstances, we are of the considered opinion that in the peculiar facts and circumstances of the case, on account of exigency of services required at the hospital level, once similarly situated hospitals have after issuance of the instructions, invited tenders on their own without going through the HPSEDC, it would not be justified in the present facts and circumstances to put a halt to the process which was initiated vide NIT dated 03.08.2024 (Annexure P-1). 11. Resultantly, we direct the State to continue with the said exercise in accordance with law. Needless to say, we are not committing on the merits of the entitlement of the petitioner and it is 5 for the respondents to take a call. Needful be done within a period of two weeks from today. 12. Accordingly, both the petitions stand disposed of with the above directions. Pending application(s), if any, also stand disposed of. ( G.S. Sandhawalia ) Chief Justice 18 th September , 2025 ( Ranjan Sharma ) (ankit) Judge