Case Note & Summary
The matter involved a public interest litigation (PIL) and a connected writ petition arising from a tender for the Maharashtra Emergency Medical Services (MEMS) Project 2024. The Government of Maharashtra had floated a tender for design, build, finance, operate and transfer (PPP-DBFOT Hybrid Model) for emergency medical services, which was challenged by the original petitioner, Vikas S. Lawande, along with a Government Resolution dated 15 March 2024. The successful bidder, a consortium, also filed a writ petition seeking execution of the concessionaire agreement. The PIL alleged illegal transactions and sought an inquiry and guidelines. During the proceedings, a division bench interacted with the original petitioner, who admitted to being a farmer with modest income and a political worker associated with a political party. The Advocate General contended that the PIL was filed after the work order was issued and was a camouflage, as no aggrieved party had challenged the tender conditions. On 7 May 2024, the court recast the PIL by removing the original petitioner, taking suo motu cognizance of the issues, and appointing a senior advocate as amicus curiae. The judgment provided here contains the background of the tender process, including the constitution of expert committees, the tender evaluation, negotiations with the sole bidder, and the eventual award of contract. The final decision on the merits of the challenge is not included in the provided text, which ends with the procedural order of 7 May 2024.
Headnote
A) Public Interest Litigation - Abuse of Process - Suo Motu Cognizance - Constitution of India - Where a PIL petition appears to be not bona fide and is filed after award of contract, the court may recast the cause title by removing the petitioner and take suo motu cognizance of the issues, appointing amicus curiae to assist. Held that cognizance should be taken but not at the instance of the original petitioner whose credentials and motives were doubtful (Para 8).
Issue of Consideration
Whether the PIL challenging the tender for Maharashtra Emergency Medical Services and the Government Resolution dated 15 March 2024 is maintainable and whether the tender process was vitiated by irregularities
Final Decision
Decision not clearly stated
Law Points
- Legal points not extracted
- Public Interest Litigation must be filed with bona fide intentions
- court may take suo motu cognizance if allegations warrant but petitioner lacks standing
- tender process not to be interfered lightly
Case Details
2025 LawText (BOM) (04) 97
Public Interest Litigation No. 62 of 2024 with Writ Petition No. 13113 of 2024 and Interim Application Nos. 12541 and 12592 of 2024
Alok Aradhe, CJ, M.S. Karnik, J
Citation not available, 2025:BHC-AS:16294-DB
Vyankatesh Dhond, Ravi Kadam, Seoul Shah, Chinmay Patil, Siddharth Chavde, Birendra Saraf, Neha S. Bhide, O.A. Chandurkar, Kushal Amin, G.R. Raghuwanshi, Ashutosh A. Kumbhakoni, Ashutosh M. Kulkarni, Sarthak S. Diwan
In Re: Contract for Emergency Medical Services
The State of Maharashtra and Others
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Nature of Litigation
Public interest litigation challenging the tender process for emergency medical services and seeking inquiry, along with a writ petition by the successful bidder seeking execution of agreement
Remedy Sought
PIL sought quashing of tender and Government Resolution, inquiry, and guidelines; WP sought direction to execute concessionaire agreement
Filing Reason
Alleged illegal transactions and irregularities in the tender process for MEMS Project 2024
Previous Decisions
On 7 May 2024, a division bench removed the original petitioner, took suo motu cognizance, and appointed amicus curiae
Issues
Whether the tender process for the MEMS project was vitiated by irregularities
Whether the PIL was maintainable
Whether the successful bidder is entitled to execution of the concessionaire agreement
Submissions/Arguments
Advocate General contended that the PIL was camouflage and filed after work order was issued, and no aggrieved party challenged the tender conditions
Original petitioner's credentials were doubted as he was a farmer with modest income and a political worker
Ratio Decidendi
Ratio not explicitly mentioned
Judgment Excerpts
we are of the opinion that cognizance of the issues raised in the PIL petition should be taken but not at the instance of the petitioner.
Office is directed to recast the cause title of this PIL petition by removing the petitioner from the array of parties.
Procedural History
Government of Maharashtra floated tender for MEMS in 2011; BVG India Ltd. awarded contract for 2014-2019, extended to 2024. On 3 April 2023, proposal for procurement of ambulances sent; expert committees formed for specifications. On 16 June 2023, tender committee constituted; Cabinet approved PPP model on 21 July 2023. Tender uploaded on 12 September 2023, extended multiple times, fresh tender issued on 4 January 2024. Only consortium submitted bid on 24 January 2024. After negotiations, contract awarded on 15 March 2024. PIL filed on 18 April 2024 by Vikas S. Lawande. On 7 May 2024, court interacted with petitioner, recast PIL as suo motu, appointed amicus curiae. Judgment reserved on 4 April 2025, pronounced on 8 April 2025.
