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.”

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Keywords

Relaxation Of Tender Conditions, Matter Of Right

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