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TMI Blog2014 (8) TMI 514X X X X Extracts X X X X X X X X Extracts X X X X ..... leasing either shop No. 1 and shop No. 4 or shops No. 1 and 4 jointly. The bids were to be submitted on or before November 4, 2011. One of the condition in the tender notice was that tenderer should be income-tax assessee and service tax payee and such tenderer has to furnish proof of the same. The petitioners submitted their bids in pursuance of the advertisement dated October 15, 2011. 2. On November 17, 2011 a communication was addressed by respondents to the petitioners asking them to submit copy of the service tax number as well as affidavit regarding non-black listing/non-prosecution of firm. The petitioners represented that service tax is applicable on health services provided by any hospital, nursing home or multi-speciality clinic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thy competition, an undertaking has been given by the tenderers that in case of successful bidders, they will obtain the service tax number. In such situation, two issues are highlighted, i.e., (a) Those who had obtained the service tax number on the closer of the tender, can go to court against GMCH if GMCH selects the higher bidder among the tenderers who has mere given an undertaking. (b) It is also possible that a person who has not competed in the tender can also say that if the undertaking is acceptable in the absence of service tax number, he/she can also have participated. In the light of the observations made by the account functionaries that being a minor deviation, because of the two issues defined above and to have broader com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hnical or the other issue, the tender process is not being finalised. The non-finalisation of the tender process pertaining to the lease of chemist shops in the premises of the medical college and hospital, is causing great hardship to the patients and their attendants. Such necessary public service cannot brook any further delay. 8. Mr. Arun Bansal, learned counsel appearing on behalf of one of the participant M/s. Goel Medicos, has vehemently argued that as per the financial bids opened, M/s. Goel Medicos is the highest bidder for shop No. 4 and if the financial bids of the petitioners are also ordered to be opened it will seriously affect the rights of the said tenderer. Therefore, the financial bids of the petitioners cannot be opened ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essful bidder.
11. We may notice that the present is 4th/5th attempt to lease out the shops situated in the medical college/hospital premises. The non-leasing of such shops is causing great inconvenience to the public. Therefore, we deem it appropriate to direct the administration to open the financial bids of the petitioners and process the same in accordance with law.
12. Mr. Kaushal, learned senior standing counsel, states that within one week from today, the administration shall finalise the tender process.
13. With the aforesaid directions, the writ petition is disposed of.
14. Copy of this order be given to the learned senior standing counsel, U.T. Administration, Chandigarh under the signature of the Special Secretary. X X X X Extracts X X X X X X X X Extracts X X X X
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