The High Court of Bombay at Goa objected to the government decision of accepting a bid for the running of the Mapusa District Hospital on a Public-Private-Partnership basis from Radiant Life Care Pvt Ltd. This company had asked for an amount of Rs.1.97 crores per year from the government to run the hospital.
The government had rejected the offer from Shalby Ltd which had offered to run the hospital without any cost from the government on the grounds that the bid was not in proper format. This has brought onto focus the approach of the administration in matters of public revenue.
And this was highlighted by the high court of Bombay at Goa, which observed: "There is no doubt that since the matter involves public revenue the government was duty-bound by law to accept the lowest or the most beneficial tender."
The court also held that in the present case, the state, like any prudent businessman, ought to have sought the necessary clarification if it entertained any doubts, since the tender which it left out of consideration appeared to be financially the best offer.
The court observed: "It seems plain that (Shalby) does not want any payment from the government nor do they intend to make any payment. It is understandable that a question could have arisen in the mind of the (government) as to the exact meaning of the quotation, but then the simple answer to that was to ask the petitioner what they meant."
The court directed the government to consider the existing offers afresh and to set aside the letter of intent issued to Radiant.
The court observed: "It seems plain that (Shalby) does not want any payment from the government nor do they intend to make any payment. It is understandable that a question could have arisen in the mind of the (government) as to the exact meaning of the quotation, but then the simple answer to that was to ask the petitioner what they meant."
The court directed the government to consider the existing offers afresh and to set aside the letter of intent issued to Radiant.
The government of the State of Goa is following the lines of the government at the Centre in matters of decisions that reek of corruption. It does not seem to draw lessons from the inmates of Tihar Jail – A. Raja and Suresh Kalmadi who have been lodged there precisely for similar decisions.
So in the days to come, if the Courts had not stopped the government from accepting the bid of Radiant Life Care Pvt Ltd, we would probably have had a Goan in company with the cabinet ministers in Tihar Jail.
Opportunity missed?
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