Bombay High Court Dismisses PIL Alleging Illegalities in Ambulance Tender Process

In a recent judgment, the Bombay High Court dismissed a Public Interest Litigation (PIL) that challenged the state government's tender process for the supply and operation of emergency medical services and ambulances under the Maharashtra Emergency Medical Services (MEMS) Project 2024. The PIL alleged irregularities in awarding the contract, particularly concerning the extension of the previous contract and the subsequent awarding of a new contract to a consortium. 

Background of the Tender Process

The MEMS Project 2024 aimed to provide emergency medical services across Maharashtra with a fleet of ambulances. The tender process commenced in April 2023 but faced delays due to a lack of initial bids. On January 24, 2024, a consortium comprising Sumeet Facilities Ltd., BVG India Ltd., and SSG Transporte Sanitario submitted a bid, leading to the contract's award on March 15, 2024. 

Allegations Raised in the PIL

The PIL, initially filed by an individual associated with a political party, raised concerns about the extension of the previous contract awarded to BVG India Ltd. without reasonable justification. It further alleged that the new contract for 1,756 ambulances was unlawfully awarded to a consortium that included the same company. The petitioner questioned the transparency and fairness of the tender process. 

Court's Observations and Rationale

The division bench, comprising Chief Justice Alok Aradhe and Justice M.S. Karnik, evaluated the materials on record and found no evidence of irregularities in the tender process. The court emphasized that no private party had challenged the process and deemed it fair, transparent, and reasonable. Regarding the involvement of Sumeet Facilities Ltd., the court noted the absence of any record indicating its undue influence in the tender. Concerning the pending forensic audit against BVG India Ltd., the court stated that mere pendency could not disqualify the company from participating. The court also addressed the increase in the number of ambulances, stating that the state government is required to follow guidelines laid down by the National Health Mission Conditionalities Framework. 

Conclusion

The Bombay High Court dismissed the PIL, allowing the MEMS Project 2024 to proceed without judicial intervention. The court underscored the importance of uninterrupted progress in public interest projects and maintained that minimal intervention is warranted in such cases.

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