IGMC canteen tender flawed: HC restrains the state Govt

Himachal Pradesh High court  has stayed all further proceedings e-tendering for Indira Gandhi Medical College and Hospital and associated hospitals canteen passing an order against the authorities here Tusday.
A Division Bench comprising Acting Chief Justice  Ravi Malimath and Justice Jyotsna Rewal Dua  passed these orders on a writ petition filed by  one  Yadupati Thakur on Tuesday copy of which was released to the media on today.
The petitioner have challenged alleged e-tendering process to run a  patient canteen at IGMC Hospital, Shimla which was earlier run by the Rogi Kalyan  Samiti(RKS ) 
The petitioner said that respondent hospital authorities decided to outsource the said canteen, thereby putting burden on public exchequer.  He has alleged that e-tenders were floated on July 20, 2020 to outsource the canteen in an inappropriate and illegal manner by ignoring the requisite  terms and conditions.  
He has also alleged that  necessary approval of the government  before finalization of the tender was not taken and moreover the firm to whom the tender has been awarded is not eligible as per the tender document, as the same  has been blacklisted by one of the office of Government of India, i.e the Indian Institute of Advance Studies.  He has
alleged that the whole tender process smacks malafide intentions of the respondent authorities.
The court observed that prima facie, entire tendering process is erroneous  as  the tender is not called for any specified volume of  business, whereas it is stated in the tender document, that the tenderer should assess the volume of business himself  by visiting the hospital under intimation to hospital authorities. 
The Court said that the tender should always be called for a specific purpose for a specific quantity and it cannot be left to the discretion of the tenderer.  The Court further observed  that  as per  record,  the approval of the Government has been taken after the finalization of the tender and hence, the Court is of the view that calling for the tender and proceeding further, may not be in accordance with law. The Court posted the matter after two weeks.