1 2026:CGHC:4298-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 331 of 2026 Shiv-Shakti Mahila Samuh Janpad Panchayat Bilha, District Bilaspur, Chhattisgarh, Through Its Chairman Budeshwari Bareth, W/o Shri Ramashankar Bareth, Aged About 33 Years, Resident Of Village Bamhu, Khaira (Dagniya), District Bilaspur, Chhattisgarh ... 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 (Cause title taken from Case Information System) For Petitioner : Mr. Amishan Hussain, Advocate For Respondents/State : Mr. Shashank Thakur, Additional Advocate General VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2026.02.02 19:34:23 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri R avindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha, C.J. 27/01/2026 1. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner, a women-run Self-Help Group, calling in question the legality and validity of the Bid Document/Tender bearing Bid No. GEM/2025/B/7023041 dated 29.12.2025 issued by respondent No.5 for providing “Healthcare Kitchen and Dietary Services” at District Hospital, Jashpur, for a period of one year with an estimated value of ₹60,00,000/-. The petitioner assails the impugned tender on the ground that the eligibility conditions, technical scoring criteria and timelines prescribed therein are arbitrary, exclusionary and discriminatory, and are alleged to be in violation of the applicable procurement rules and earlier judicial undertakings recorded by this Court. 2. The present writ petition has been filed by the petitioner seeking for the following reliefs:- “(i) Issue an appropriate writ, order or direction quashing and setting aside the impugned Bid Document/Tender bearing Bid No. GEM/2025/B/7023041 dated 29.12.2025 Annexure P/1, floated by respondent No.5 on the GeM Portal for "Healthcare Kitchen and Dietary Services at District Hospital, Jashpur, being arbitrary, discriminatory including all consequential acts, proceedings and steps taken pursuant thereto. 3 (ii) That, the Hon'ble Court may kindly be pleased to call the entire records pertaining to N.I.T. Bid Document/Tender (Bid No. GEM/2025/B/7023041 dated 29.12.2025. (iii) Any other relief, which this Hon'ble court deems, fit in the facts and circumstances may also be granted in favour of the petitioner.” 3. The brief facts of the case are that, the petitioner is a women-run Self- Help Group engaged in providing catering and dietary services and is associated with implementation of various government welfare schemes. The petitioner claims to possess the requisite experience and local infrastructure to provide healthcare kitchen and dietary services at district-level hospitals. 4. On 29.12.2025, respondent No.5 issued Bid Document/Tender bearing Bid No. GEM/2025/B/7023041 on the Government e-Marketplace (GeM) portal for “Healthcare Kitchen and Dietary Services” at District Hospital, Jashpur for a period of one year, with an estimated contract value of ₹60,00,000/-. The tender prescribed minimum average annual turnover requirements and a technical scoring system which, according to the petitioner, are disproportionate to the contract value and restrictive in nature. 5. The impugned tender further mandates possession of certain international-level certifications as a condition of eligibility, without recognizing or providing equivalence to Indian statutory certifications such as those issued by the Food Safety and Standards Authority of India (FSSAI). At the same time, the tender does not prescribe 4 mandatory submission of food samples for laboratory testing, nor does it provide for defined sampling protocols, periodic quality audits or random testing during execution of the contract. 6. The petitioner also alleges that the tender evaluation mechanism suffers from internal inconsistencies and contradictory marking criteria, and that the timelines for submission of bids between 29.12.2025 and 19.01.2026 do not conform to the requirements of the Chhattisgarh Bhandar Kray Niyam, 2002. It is further asserted that similar tenders floated earlier by the respondents were subjected to judicial scrutiny in WPC No. 5377 of 2025 and WPC No. 5855 of 2025, wherein the respondents had admitted inadvertence and undertaken to re-issue fresh tenders after due review. 7. Aggrieved by the issuance of the impugned tender containing substantially similar clauses, the petitioner submitted a representation dated 13.01.2026 to the concerned authorities seeking corrective action. As no response was received and the tender process continued, the petitioner has approached this Court seeking quashment of the impugned tender and consequential reliefs. 8. Learned counsel for the petitioner submits that the impugned Bid Document/Tender (Bid No. GEM/2025/B/7023041 dated 29.12.2025) issued by respondent No.5 is arbitrary, discriminatory, and violative of the principles of fairness and reasonableness required of State instrumentalities under Article 12 of the Constitution. The eligibility conditions, including excessively high minimum average annual turnover and mandatory possession of certain international-level 5 certifications, disproportionately exceed the estimated contract value and effectively exclude small local suppliers and women-run Self-Help Groups like the petitioner. Such criteria lack any rational nexus to the subject work and defeat the object of fair competition. 9. It is further submitted that the impugned tender disregards essential safeguards for food safety and public health. There is no requirement for submission of physical food samples, no defined sampling or quality-testing protocols, and no mechanism for periodic or random audits during the contract execution. Simultaneously, Indian statutory certifications such as FSSAI are ignored, while international certifications are treated as essential, creating an inequitable barrier for local operators. The tender also fails to adhere to hospital-specific dietary and nutritional standards for vulnerable patients, including children, antenatal and postnatal mothers, and critically ill persons, thereby potentially compromising patient safety. 10. Learned counsel emphasizes that there is a judicial precedent regarding similar tenders issued by the respondents, wherein this Hon’ble Court recorded inadvertence, accepted apologies, and directed issuance of fresh tenders after due review (WPC No. 5377 of 2025 and WPC No. 5855 of 2025). Despite these undertakings, the respondents have reissued substantially identical exclusionary tenders, demonstrating non-application of mind and mala fide conduct. The petitioner has also submitted representations to the respondents, which have been ignored. In these circumstances, the petitioner seeks intervention of this Hon’ble Court to quash the impugned tender, call 6 for the complete record, and pass such further orders as deemed fit in the interest of justice. 11. Per contra, learned counsel appearing for the State opposes the submissions made by learned counsel for the petitioner and would submit that, the impugned Bid Document/Tender (Bid No. GEM/2025/B/7023041 dated 29.12.2025) has been issued strictly in accordance with the applicable procurement rules, guidelines, and standard procedures on the Government e-Marketplace (GeM) portal. The eligibility criteria, including minimum average annual turnover and technical certifications, have been prescribed to ensure that only capable and experienced service providers are entrusted with healthcare kitchen and dietary services at District Hospital, Jashpur, which involves critical responsibility for patient health and nutrition. These requirements are proportionate to the scope, scale, and operational demands of the contract. 12. It is further submitted that the tender criteria do not discriminate against women Self-Help Groups or local service providers, as Indian statutory certifications such as FSSAI and other competent authority approvals are recognized where applicable, and procedural concessions for MSMEs/SHGs are included in accordance with prevailing rules. The tender also provides mechanisms for monitoring, quality control, and compliance with nutritional standards, which are essential safeguards for hospital patients. The respondents assert that all procedural and substantive requirements have been met, and the tender process is fair, transparent, and non-arbitrary. 7 13. Learned counsel emphasizes that while earlier judicial interventions (WPC No. 5377/2025 and WPC No. 5855/2025) were noted, the respondents have taken corrective measures to ensure compliance with those directions. The present tender differs from the previous tenders in terms of evaluation criteria and procedural safeguards, and there is no mala fide or arbitrary conduct involved. The respondents submit that the writ petition is devoid of merit, and no interference is warranted with the tender process, which is ongoing in accordance with the law and procurement norms. 14. We have heard learned counsel for the parties and perused the documents annexed with the writ petition. 15. The Court has carefully perused the pleadings, the impugned Bid Document/Tender (Bid No. GEM/2025/B/7023041 dated 29.12.2025), the annexures, and the submissions advanced on behalf of the petitioner and the respondents. It is observed that the respondents, being State instrumentalities, have issued the tender in accordance with the applicable procurement rules, including the Chhattisgarh Bhandar Kray Niyam, 2002, and the Government e-Marketplace (GeM) guidelines. The eligibility criteria, including minimum turnover requirements and technical certifications, are designed to ensure that only competent service providers capable of delivering healthcare kitchen and dietary services in a hospital setting are selected, in view of the responsibilities involved in patient nutrition and food safety. 16. The Court notes the petitioner’s grievance regarding alleged exclusionary conditions, international certifications, and insufficient 8 time for preparation of bids. However, the tender does recognize Indian statutory certifications where applicable and provides concessions and procedures for MSMEs and SHGs. Further, the timelines between publication and submission of bids, while relatively short, do not render the process per se illegal or arbitrary. The petitioner’s contention regarding non-compliance with prior judicial directions is also not substantiated on the record, as the respondents have demonstrated corrective measures and due application of mind in framing the present tender. 17. In the overall assessment, the Court finds no material irregularity, illegality, or mala fide action on the part of the respondents that would warrant judicial interference. The tender process, including the eligibility and evaluation criteria, falls within the domain of the respondents’ administrative discretion and procurement powers. The petitioner has failed to establish a violation of any legal or constitutional right. Accordingly, the writ petition is devoid of merit. 18. In view of the foregoing, the writ petition filed by the petitioner is dismissed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice ved