Start-Ups Can’t Seek Relaxation Of Tender Conditions As A Matter Of Right, Especially In Field Of Healthcare

Case: Triveni Healthcure Private Ltd v. GNCTD

Coram: Chief Justice SC Sharma and Justice Subramonium Prasad

Case No.: W.P.(C) 9508/2022

Court Observation: “The executive instruction does not make it mandatory for any establishment to relax the condition in respect of turnover and prior experience/ EMD as the word “may” has been used in the policy Circular dated 10.03.2016.”

“The safety of the patients is of paramount importance, and, therefore, the respondent Hospital has rightly not at all granted any relaxation to the Startups and MSMEs in the peculiar facts and circumstances of the case.”

“The petitioner cannot compare the earlier tenders in respect of other hospitals for simple reason that there was no such exorbitant hike in the death rates in any other hospitals, and it has also been brought to the notice of this Court, while matter was being argued, that even writ petition has been filed in respect of the alarming hike in the deaths which have taken place in respect of heart patients in Rajiv Gandhi Super Speciality Hospital.”

Previous Posts

If Sanction For Prosecuting Public Servant Under PC Act Is Denied, Prosecuting Agency Can’t File Challan Under Other Penal Laws On Same Facts: J&K&L HC

Principle Of Promissory Estoppel Applies After Customer Acts On Basis Of Bank’s One Time Settlement Scheme: Gujarat High Court

Delhi High Court Restrains Husband From Pursuing Matrimonial Case In Canada During Pendency Of Divorce Petition Filed By Wife In India

No Legal Mandate That Two Years Must Be Added To Outer Age Limit Determined By Ossification Test: Orissa High Court

Bar Against ‘Inter-District Transfer’ Not Applicable To Govt Teachers With Disabilities: Orissa High Court

Cancellation Of GST Registration Affects Right To Livelihood, Writ Petition Is Maintainable: Uttarakhand High Court

Establishments In Notified Industrial Areas Exempted From Obtaining Building Permit From Local Bodies: Kerala High Court

Another Life Lost, Yet Another Prosecution Fails: Kerala High Court Acquits 13 RSS Workers In Vishnu Political Murder Case

Applicability Of Section 27A Is Seriously Questionable: Supreme Court Upholds Bail Granted To NDPS Accused

Order XXII Rule 4 CPC – Appeal As A Whole Does Not Abate Merely Because LRs Of Some Deceased Respondents Were Not Brought On Record: Supreme Court

Not Prudent To Convict An Accused Solely On Basis Of Identification For The First Time In Court Without Test Identification Parade: Supreme Court

Twin Conditions In Section 10B (8) Income Tax Act Has To Be Fulfilled To Claim Exemption Relief: Supreme Court

Accused Entitled To Bail If Arrest Was In Breach Of Sections 41, 41A CrPC: Supreme Court

Motor Accident Compensation – Self-Employed Deceased Aged Below 40 Years Entitled To 40% Addition As Future Prospects: Supreme Court Download Judgement

Keywords

Relaxation Of Tender Conditions, Matter Of Right