Case Note & Summary
The case involves two writ petitions filed by Mahalsa Services and Cam Industrial Services challenging a tender condition imposed by the State of Goa for housekeeping services in government hospitals. The Director of Health Services issued a tender on 24 November 2016 for up-keeping of various hospitals, health centres, and offices. The tender required bidders to have prior experience in hospital housekeeping. The petitioners, who had experience in housekeeping but not specifically in hospitals, challenged this condition as arbitrary and violative of Article 14 of the Constitution. The court analyzed whether the condition was reasonably connected to the nature of work. It noted that housekeeping services such as sweeping, swabbing, and environmental support are generic and do not require specialized hospital experience. The court held that the condition was arbitrary and struck it down, directing the respondents to consider the petitioners' bids without insisting on the hospital experience condition. The court also observed that the government cannot impose irrelevant or discriminatory conditions that restrict competition. The petitions were allowed with no order as to costs.
Headnote
A) Constitutional Law - Article 14 - Reasonableness of Tender Conditions - The court examined whether a condition in a government tender requiring bidders to have prior experience in hospital housekeeping was arbitrary. The court held that such a condition was not reasonably connected to the nature of work (housekeeping) and thus violated Article 14. The court directed the respondents to consider the petitioners' bids without insisting on the hospital experience condition. (Paras 2-10) B) Administrative Law - Tenders - Judicial Review - The court reiterated that while the government has freedom in prescribing tender conditions, such conditions must be reasonable, non-discriminatory, and proportionate. The court found that the condition of hospital experience was not essential for housekeeping services and was therefore struck down. (Paras 5-8)
Issue of Consideration
Whether the condition in the tender requiring bidders to have prior experience in hospital housekeeping is arbitrary and violative of Article 14 of the Constitution of India.
Final Decision
Writ petitions allowed. The condition requiring prior hospital experience is struck down as arbitrary. Respondents directed to consider petitioners' bids without insisting on that condition. No order as to costs.
Law Points
- Article 14 of the Constitution of India
- Tender conditions must be reasonable and non-arbitrary
- Experience requirement must be proportionate to the nature of work
- Government cannot impose irrelevant or discriminatory conditions
