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2023 DIGILAW 392 (JHR)

J. S. Sons v. State of Jharkhand

2023-03-22

ANANDA SEN, SANJAYA KUMAR MISHRA

body2023
ORDER : 1. By filing this writ petition, the petitioner being a proprietorship firm, has prayed mainly for the following reliefs: “(a) For the issuance of an appropriate writs, orders or directions for the quashing of the entire ‘Invitation of Offer’ for the ‘Empanelment of six categories of Agencies for providing (i) Housekeeping Services, (ii), Security Services, (iii) General Services (iv) Paramedical and Technical Staffs (v) Dietary Services and (vi) Laundry Services in various medical facility under Department of Health, Medical Education and Family Welfare in the State of Jharkhand’ (Annexure-5) (hereinafter referred to as the ‘Impugned Offer’) floated by Respondent No. 2, without any authority and beyond the scope of object as provided for in its Memorandum of Association. (b) For the issuance of an appropriate writs, orders or directions restraining the applicant from proceeding any further with the ‘Invitation of Offer’ for the ‘Empanelment of six categories of Agencies for providing (i) Housekeeping Services, (ii) Security Services, (iii) General Services (iv) Paramedical and Technical Staffs (v) Dietary Services and (vi) Laundry Services in various medical facility under Department of Health, Medical Education and Family Welfare in the State of Jharkhand’ (Annexure-5) floated by Respondent No. 2.” 2. The main contention of the learned counsel appearing for the petitioner is that the Jharkhand Medical & Health Infrastructure Development & Procurement Corporation Limited has been created as per the Memorandum of Association dated 05.04.2013 wherein the objective thereof has been mentioned and the Memorandum of Association of the respondents-corporation has been duly approved by the Department of Health, Medical Education and Family Welfare, State of Jharkhand, which appears at Annexure-4. However, in course of hearing, our attention was drawn to the statement and object of the Company in the Memorandum of Association, which is at Annexure-2. The objective of the Company is referred in Clause-III. It is appropriate to take note of the exact reasons for which the main objective is enacted which is as under: Main Object to be pursued by the Company is: To unify the procurement of drugs, equipment, construction and development of infrastructure facilities, to take/grant on lease or otherwise, health centres and other necessary logistics in order to maintain high quality, reduced costs, promote ease of access and improve efficiency of supply and delivery to the government health institutions in the State. 3. 3. Thus, it is clear that the Memorandum of Association provides that the Corporation has the objective to provide the logistic support to maintain high quality and cheap health services in the State as well as to the Government. Among the other objectives, the same document appearing at clause (3) the Corporation has been vested with the objective to develop or build such infrastructure, buildings, warehouses, offices, hospitals, medical colleges, housing facilities or other structures which are incidental to the purpose and main objective of the Corporation. 4. Thus, it is clear that the Corporation is basically a nodal agency created by the State of Jharkhand to enhance the medical services that are being provided to the people of the State of Jharkhand. Since in the work of the writ petitioner certain allegations regarding the mismanagement at local levels were made, hence, the Corporation has come up with an advertisement for empanelling of different service providers, which shall be good for the medical services in the State, therefore, this Court is of the opinion that there is no violation of Section 10 of the Companies Act, 2013. It is perfectly within the jurisdiction of the Corporation for issuing advertisement for empanelment of the service providers. 5. In that view of the matter, we find no merit in this writ application, which is, accordingly, dismissed. There shall be no order as to costs. 6. Pending application, if any, stands disposed of. 7. Grant urgent certified copy of this order as per the Rules.