Dr V P Chaturvedi and ors Vs Union of India Uoi and ors - Citation 662665 - Court Judgment

Excerpt:

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	'title_for_layout' => 'Dr V P Chaturvedi and ors Vs Union of India Uoi and ors - Citation 662665 - Court Judgment | ',
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		'Judgement' => array(
			'id' => '662665',
			'acts' => '',
			'appealno' => 'Writ Petition No. 917 of 1990 with I.A. Nos. 1-3 of 1990 in Writ Petition (Civil) No. 9 of 1988 and ',
			'appellant' => 'Dr V.P. Chaturvedi and ors.',
			'authreffered' => '',
			'casename' => 'Dr V.P. Chaturvedi and ors. Vs. Union of India (Uoi) and ors.',
			'casenote' => 'Service - research work - Service Law - quality of work in research institutes specialised in their fields bound to be better than research carried on by manufacturers themselves - scheme could be evolved by which established drug manufacturers could be required to participate in such supporting programmes by supporting particular research projects - continuing research keeps up level of knowledge and helps enhancement of efficiency of treatment of diseases and in matter of providing relief to patients - research must be done as project wise to improve efficiency.<br><br> - Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Power of State /its instrumentalities to not accept highest bid (or lowest bid, as the case may be) When available -  Held,  A tender is an offer. It is something which invites and is communicated to notify acceptance. It must be unconditional, must be in the proper form, the person by whom tender is made must be able to and willing to perform his obligations. The terms of the invitation to tender cannot be open to judicial scrutiny because the invitation to tender is in the realm of contract. However, a limited judicial review may be available in cases where it is established that the terms of the invitation to tender were so tailor-made to suit the convenience f any particular person with a view to eliminate all others from participating in the bidding process. The bidders participating in the tender process have no other right except the right to equality and fair treatment in the matter of evaluation of competitive bids offered by interested persons in response to notice inviting tenders in a transparent manner and free from hidden agenda. One cannot challenge the terms and conditions of the tender except on the above stated ground, the reason being the terms of the invitation to tender are in the realm of the contract. No bidder is entitled as a matter of right to insist the authority inviting tenders to enter into further negotiations unless the terms and conditions of notice so provided for such negotiations. It is so well settled in law and needs no restatement, that disposal of the public property by the State or its instrumentalities partakes the character of a trust. The methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. The Authority has the right not to accept the highest bid and even to prefer a tender other than the highest bidder, if there exist good and sufficient reasons, such as, the highest bid not representing the market price but there cannot be any doubt that the Authoritys action in accepting or refusing the bid must be free from arbitrariness  favouritism. In the present case, the tender notice makes it abundantly clear that the two plots of land admeasuring 37,000 and 20,000 sq m meant for establishing engineering colleges were advertised as a single item, though the specified reserved price was different. The respondent AMS itself mentioned different and separate bids in its tender and made a bid for the 20,000 sq m plot which was less than the reserved price. The appellant Authority (MDA) was not under any legal or constitutional obligation to entertain the bid which was much below the reserved the price. MDA though not under any obligation, provided a further opportunity to AMS and expressed its willingness to part with the 20,000 sq m plot provided AMS agreed to pay the reserved rate. AMS did not avail this opportunity. Even at this stage AMS did not say that it was under some confusion as regrds the specified reserved price. No objections were raised whatsoever in this regard. Instead it made a request that the two plots be segregated and the 37,000 sq m be allotted to it while the other plot 20,000 sq m may be deleted from ..offer as the cost of that  land is not viable. AMS expressed its desire to purchase the said land at its lower, bid price only.  AMS proceeded on the assumption as if it had some unassailable right in respect of the said plot of land merely because it had earlier got allotted an adjoining plot of land for the construction of its buildings. Had the Authority conceded to the request so made by AMS it would have been an unfair and arbitrary decision and the courts may have interfered with the same in exercise of judicial review power. The tender process actually stood terminated with the letter of MDA dated 27.11.2001 allotting the 37,000 sq m of land alone. The rights of AMS, if any came to an end when it informed MDA that it was not claiming any right over the land admeasuring 20,000 sq m and made a further request to delete its offer in respect of the said land. The subsequent letters sent by AMS at its own choice are of no consequence.  The correspondence on record makes it clear that there was no confusion whatsoever with regard to reserved price fixed. Once it is clear that there was no vagueness, uncertainty or any confusion with regard to the reserved price there is no scope for any interference in the matter by the Court. The terms and conditions of the tender were expressly clear by which the Authority as well as the bidders were bound and such conditions are not open to judicial scrutiny unless the action of the tendering authority is found to be malicious and misuse of its statutory powers. The bids offered by AMS received their due attention in a fair and transparent manner free from any bias at the hands of MDA. No rights of AMS have been infringed by MDA in not giving opportunity to involve itself in lengthy negotiations. The Authority was free to make it choice and t invite fresh bids after AMS relinquished it claim in respect of the disputed plot vide letter dated 17.9.2001 which was accepted by MDA. The decision of the Authority was duly communicated to AMS by MDA fide its letter dated 27.11.2001. The decision so taken by MDA resulted in no infringement of rights of AMS. Hence, MDA shall be at liberty to call for fresh tenders in accordance with law but duly notifying the land use for both educational and residential and invite bids accordingly. It shall permit AMS and other educational institutions intending to participate in the auction. In view of the undertaking given by MDA it shall not raise any objection for the use of the land for educational purposes in case any educational institution is found to be the successful bidder. The bids shall obviously be invited from the intending bidders duly notifying the residential and educational use.  

Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Nature of Disposal of public property by State Methods for disposal of  Rights of bidder -  Held, Bidders participating in the tender process have no other right except the right to equality and fair treatment. Terms of invitation to tender are not open to judicial scrutiny as they lie in realm of contract. Disposal of public property by State or its instrumentalities partakes the character f a trust. Methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. Meerut Development Authority v Association of Management Studies & anr. 

Government Contracts/Tenders :[L.S. Panta & B. Sudershan Reddy, JJ] Tender conditions/NIT Binding effect of Non-adherence by bidder  Held, Authority is not obliged to entertain tender in such a case. Allotment of land in residential scheme for educational use - Reserved rate fixed at 50% of sector rate under G.O. dated 19.4.1996-Respondents commercial offer for one of two plots being less than reserved rate -Rejected by appellant Authority  Legality - Respondent informing appellant Authority to delete the said plot from their offer - Appellant confirming allotment of other plot of land to respondent Subsequently, respondent requesting Authority to allot the deleted plot at the reserved price - Appellant re-auctioning land with change in land use conditions   High Court allowing writ petition of respondent there against holding there was a concluded contract between the parties - Sustainability of Held, Tender process stood terminated on Authority allotting the one plot alone  Rights of respondent, if any, ended when it informed the Authority to delete it offer vis--vis the deleted plot. There was not vagueness, uncertainty or confusion with regard to reserved price -No scope for any interference-Authority as well as the bidders were bound by such conditions Reiterated, tender conditions are not open to judicial scrutiny unless action of tendering authority is found to be malicious and a misuse of statutory powers In present case, bids offered by respondent received due attention in a fair and transparent manner free from any bias by appellant Authority-Refusal to accept tender of from any bias by appellant Authority Refusal to accept tender of respondent on ground that the offer made was lower than the reserved price is legal and valid-No rights of respondent infringed by appellant Authority  Costs imposed on respondent.

Government Grants & Largesse: [L.S. Panta & B. Sudershan Reddy, JJ] Getting full value in sale of State-owned natural assets  Held, The struggle to get for the State the full value of its resources is particularly pronounced in the sale of State-owned natural assets to the private sector. Whenever the Government or the authorities get less than the full value of the asset, the country is being cheated; there is a simple transfer of wealth from the citizens as a whole to whoever gets the assets at a discount. Most of the times the wealth of a State goes to the individuals within the country rather than to multi-national corporations; still, wealth slips away that ought to belong to the nation as a whole.  -  The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. In fact project-wise research helps to generate better efficiency than advertised research organisation.',
			'caseanalysis' => null,
			'casesref' => '',
			'citingcases' => '',
			'counselplain' => ' S.K. Bhattacharya and; R. Venkataramani, Advs',
			'counseldef' => ' Altaf Ahmed, Addl. Solicitor General, ; S.K. Mehta, ; A. Mariarp',
			'court' => 'Supreme Court of India',
			'court_type' => 'SC',
			'decidedon' => '1991-08-14',
			'deposition' => '',
			'favorof' => null,
			'findings' => null,
			'judge' => ' Ranganath Misra, C.J.,; M.H. Kania and; Kuldip Singh, JJ.',
			'judgement' => 'ORDER<p style="text-align: justify;">Ranganath Misra, C.J.</p><p style="text-align: justify;">1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.</p><p style="text-align: justify;">2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; </p><p style="text-align: justify;">The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same</p><p style="text-align: justify;">Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.</p><p style="text-align: justify;">3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.</p><p style="text-align: justify;">4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.</p><p style="text-align: justify;">5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.</p><p style="text-align: justify;">6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.</p><p style="text-align: justify;">7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.<p style="text-align: justify;"></p><p style="text-align: justify;">',
			'observations' => null,
			'overruledby' => null,
			'prhistory' => '',
			'pubs' => '[1991(63)FLR549]; JT1991(3)SC525; 1991(2)SCALE325; (1991)4SCC171; [1991]3SCR595a; 1991(2)LC519(SC)',
			'ratiodecidendi' => '',
			'respondent' => 'Union of India (Uoi) and ors.',
			'sub' => 'Service',
			'link' => null,
			'circuit' => null
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$title_for_layout = 'Dr V P Chaturvedi and ors Vs Union of India Uoi and ors - Citation 662665 - Court Judgment | '
$desc = array(
	'Judgement' => array(
		'id' => '662665',
		'acts' => '',
		'appealno' => 'Writ Petition No. 917 of 1990 with I.A. Nos. 1-3 of 1990 in Writ Petition (Civil) No. 9 of 1988 and ',
		'appellant' => 'Dr V.P. Chaturvedi and ors.',
		'authreffered' => '',
		'casename' => 'Dr V.P. Chaturvedi and ors. Vs. Union of India (Uoi) and ors.',
		'casenote' => 'Service - research work - Service Law - quality of work in research institutes specialised in their fields bound to be better than research carried on by manufacturers themselves - scheme could be evolved by which established drug manufacturers could be required to participate in such supporting programmes by supporting particular research projects - continuing research keeps up level of knowledge and helps enhancement of efficiency of treatment of diseases and in matter of providing relief to patients - research must be done as project wise to improve efficiency.<br><br> - Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Power of State /its instrumentalities to not accept highest bid (or lowest bid, as the case may be) When available -  Held,  A tender is an offer. It is something which invites and is communicated to notify acceptance. It must be unconditional, must be in the proper form, the person by whom tender is made must be able to and willing to perform his obligations. The terms of the invitation to tender cannot be open to judicial scrutiny because the invitation to tender is in the realm of contract. However, a limited judicial review may be available in cases where it is established that the terms of the invitation to tender were so tailor-made to suit the convenience f any particular person with a view to eliminate all others from participating in the bidding process. The bidders participating in the tender process have no other right except the right to equality and fair treatment in the matter of evaluation of competitive bids offered by interested persons in response to notice inviting tenders in a transparent manner and free from hidden agenda. One cannot challenge the terms and conditions of the tender except on the above stated ground, the reason being the terms of the invitation to tender are in the realm of the contract. No bidder is entitled as a matter of right to insist the authority inviting tenders to enter into further negotiations unless the terms and conditions of notice so provided for such negotiations. It is so well settled in law and needs no restatement, that disposal of the public property by the State or its instrumentalities partakes the character of a trust. The methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. The Authority has the right not to accept the highest bid and even to prefer a tender other than the highest bidder, if there exist good and sufficient reasons, such as, the highest bid not representing the market price but there cannot be any doubt that the Authoritys action in accepting or refusing the bid must be free from arbitrariness  favouritism. In the present case, the tender notice makes it abundantly clear that the two plots of land admeasuring 37,000 and 20,000 sq m meant for establishing engineering colleges were advertised as a single item, though the specified reserved price was different. The respondent AMS itself mentioned different and separate bids in its tender and made a bid for the 20,000 sq m plot which was less than the reserved price. The appellant Authority (MDA) was not under any legal or constitutional obligation to entertain the bid which was much below the reserved the price. MDA though not under any obligation, provided a further opportunity to AMS and expressed its willingness to part with the 20,000 sq m plot provided AMS agreed to pay the reserved rate. AMS did not avail this opportunity. Even at this stage AMS did not say that it was under some confusion as regrds the specified reserved price. No objections were raised whatsoever in this regard. Instead it made a request that the two plots be segregated and the 37,000 sq m be allotted to it while the other plot 20,000 sq m may be deleted from ..offer as the cost of that  land is not viable. AMS expressed its desire to purchase the said land at its lower, bid price only.  AMS proceeded on the assumption as if it had some unassailable right in respect of the said plot of land merely because it had earlier got allotted an adjoining plot of land for the construction of its buildings. Had the Authority conceded to the request so made by AMS it would have been an unfair and arbitrary decision and the courts may have interfered with the same in exercise of judicial review power. The tender process actually stood terminated with the letter of MDA dated 27.11.2001 allotting the 37,000 sq m of land alone. The rights of AMS, if any came to an end when it informed MDA that it was not claiming any right over the land admeasuring 20,000 sq m and made a further request to delete its offer in respect of the said land. The subsequent letters sent by AMS at its own choice are of no consequence.  The correspondence on record makes it clear that there was no confusion whatsoever with regard to reserved price fixed. Once it is clear that there was no vagueness, uncertainty or any confusion with regard to the reserved price there is no scope for any interference in the matter by the Court. The terms and conditions of the tender were expressly clear by which the Authority as well as the bidders were bound and such conditions are not open to judicial scrutiny unless the action of the tendering authority is found to be malicious and misuse of its statutory powers. The bids offered by AMS received their due attention in a fair and transparent manner free from any bias at the hands of MDA. No rights of AMS have been infringed by MDA in not giving opportunity to involve itself in lengthy negotiations. The Authority was free to make it choice and t invite fresh bids after AMS relinquished it claim in respect of the disputed plot vide letter dated 17.9.2001 which was accepted by MDA. The decision of the Authority was duly communicated to AMS by MDA fide its letter dated 27.11.2001. The decision so taken by MDA resulted in no infringement of rights of AMS. Hence, MDA shall be at liberty to call for fresh tenders in accordance with law but duly notifying the land use for both educational and residential and invite bids accordingly. It shall permit AMS and other educational institutions intending to participate in the auction. In view of the undertaking given by MDA it shall not raise any objection for the use of the land for educational purposes in case any educational institution is found to be the successful bidder. The bids shall obviously be invited from the intending bidders duly notifying the residential and educational use.  

Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Nature of Disposal of public property by State Methods for disposal of  Rights of bidder -  Held, Bidders participating in the tender process have no other right except the right to equality and fair treatment. Terms of invitation to tender are not open to judicial scrutiny as they lie in realm of contract. Disposal of public property by State or its instrumentalities partakes the character f a trust. Methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. Meerut Development Authority v Association of Management Studies & anr. 

Government Contracts/Tenders :[L.S. Panta & B. Sudershan Reddy, JJ] Tender conditions/NIT Binding effect of Non-adherence by bidder  Held, Authority is not obliged to entertain tender in such a case. Allotment of land in residential scheme for educational use - Reserved rate fixed at 50% of sector rate under G.O. dated 19.4.1996-Respondents commercial offer for one of two plots being less than reserved rate -Rejected by appellant Authority  Legality - Respondent informing appellant Authority to delete the said plot from their offer - Appellant confirming allotment of other plot of land to respondent Subsequently, respondent requesting Authority to allot the deleted plot at the reserved price - Appellant re-auctioning land with change in land use conditions   High Court allowing writ petition of respondent there against holding there was a concluded contract between the parties - Sustainability of Held, Tender process stood terminated on Authority allotting the one plot alone  Rights of respondent, if any, ended when it informed the Authority to delete it offer vis--vis the deleted plot. There was not vagueness, uncertainty or confusion with regard to reserved price -No scope for any interference-Authority as well as the bidders were bound by such conditions Reiterated, tender conditions are not open to judicial scrutiny unless action of tendering authority is found to be malicious and a misuse of statutory powers In present case, bids offered by respondent received due attention in a fair and transparent manner free from any bias by appellant Authority-Refusal to accept tender of from any bias by appellant Authority Refusal to accept tender of respondent on ground that the offer made was lower than the reserved price is legal and valid-No rights of respondent infringed by appellant Authority  Costs imposed on respondent.

Government Grants & Largesse: [L.S. Panta & B. Sudershan Reddy, JJ] Getting full value in sale of State-owned natural assets  Held, The struggle to get for the State the full value of its resources is particularly pronounced in the sale of State-owned natural assets to the private sector. Whenever the Government or the authorities get less than the full value of the asset, the country is being cheated; there is a simple transfer of wealth from the citizens as a whole to whoever gets the assets at a discount. Most of the times the wealth of a State goes to the individuals within the country rather than to multi-national corporations; still, wealth slips away that ought to belong to the nation as a whole.  -  The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. In fact project-wise research helps to generate better efficiency than advertised research organisation.',
		'caseanalysis' => null,
		'casesref' => '',
		'citingcases' => '',
		'counselplain' => ' S.K. Bhattacharya and; R. Venkataramani, Advs',
		'counseldef' => ' Altaf Ahmed, Addl. Solicitor General, ; S.K. Mehta, ; A. Mariarp',
		'court' => 'Supreme Court of India',
		'court_type' => 'SC',
		'decidedon' => '1991-08-14',
		'deposition' => '',
		'favorof' => null,
		'findings' => null,
		'judge' => ' Ranganath Misra, C.J.,; M.H. Kania and; Kuldip Singh, JJ.',
		'judgement' => 'ORDER<p>Ranganath Misra, C.J.</p><p>1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.</p><p>2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; </p><p>The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same</p><p>Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.</p><p>3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.</p><p>4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.</p><p>5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.</p><p>6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.</p><p>7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.<p></p><p>',
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	'title_for_layout' => 'Dr V P Chaturvedi and ors Vs Union of India Uoi and ors - Citation 662665 - Court Judgment | ',
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		'Judgement' => array(
			'id' => '662665',
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			'appealno' => 'Writ Petition No. 917 of 1990 with I.A. Nos. 1-3 of 1990 in Writ Petition (Civil) No. 9 of 1988 and ',
			'appellant' => 'Dr V.P. Chaturvedi and ors.',
			'authreffered' => '',
			'casename' => 'Dr V.P. Chaturvedi and ors. Vs. Union of India (Uoi) and ors.',
			'casenote' => 'Service - research work - Service Law - quality of work in research institutes specialised in their fields bound to be better than research carried on by manufacturers themselves - scheme could be evolved by which established drug manufacturers could be required to participate in such supporting programmes by supporting particular research projects - continuing research keeps up level of knowledge and helps enhancement of efficiency of treatment of diseases and in matter of providing relief to patients - research must be done as project wise to improve efficiency.<br><br> - Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Power of State /its instrumentalities to not accept highest bid (or lowest bid, as the case may be) When available -  Held,  A tender is an offer. It is something which invites and is communicated to notify acceptance. It must be unconditional, must be in the proper form, the person by whom tender is made must be able to and willing to perform his obligations. The terms of the invitation to tender cannot be open to judicial scrutiny because the invitation to tender is in the realm of contract. However, a limited judicial review may be available in cases where it is established that the terms of the invitation to tender were so tailor-made to suit the convenience f any particular person with a view to eliminate all others from participating in the bidding process. The bidders participating in the tender process have no other right except the right to equality and fair treatment in the matter of evaluation of competitive bids offered by interested persons in response to notice inviting tenders in a transparent manner and free from hidden agenda. One cannot challenge the terms and conditions of the tender except on the above stated ground, the reason being the terms of the invitation to tender are in the realm of the contract. No bidder is entitled as a matter of right to insist the authority inviting tenders to enter into further negotiations unless the terms and conditions of notice so provided for such negotiations. It is so well settled in law and needs no restatement, that disposal of the public property by the State or its instrumentalities partakes the character of a trust. The methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. The Authority has the right not to accept the highest bid and even to prefer a tender other than the highest bidder, if there exist good and sufficient reasons, such as, the highest bid not representing the market price but there cannot be any doubt that the Authoritys action in accepting or refusing the bid must be free from arbitrariness  favouritism. In the present case, the tender notice makes it abundantly clear that the two plots of land admeasuring 37,000 and 20,000 sq m meant for establishing engineering colleges were advertised as a single item, though the specified reserved price was different. The respondent AMS itself mentioned different and separate bids in its tender and made a bid for the 20,000 sq m plot which was less than the reserved price. The appellant Authority (MDA) was not under any legal or constitutional obligation to entertain the bid which was much below the reserved the price. MDA though not under any obligation, provided a further opportunity to AMS and expressed its willingness to part with the 20,000 sq m plot provided AMS agreed to pay the reserved rate. AMS did not avail this opportunity. Even at this stage AMS did not say that it was under some confusion as regrds the specified reserved price. No objections were raised whatsoever in this regard. Instead it made a request that the two plots be segregated and the 37,000 sq m be allotted to it while the other plot 20,000 sq m may be deleted from ..offer as the cost of that  land is not viable. AMS expressed its desire to purchase the said land at its lower, bid price only.  AMS proceeded on the assumption as if it had some unassailable right in respect of the said plot of land merely because it had earlier got allotted an adjoining plot of land for the construction of its buildings. Had the Authority conceded to the request so made by AMS it would have been an unfair and arbitrary decision and the courts may have interfered with the same in exercise of judicial review power. The tender process actually stood terminated with the letter of MDA dated 27.11.2001 allotting the 37,000 sq m of land alone. The rights of AMS, if any came to an end when it informed MDA that it was not claiming any right over the land admeasuring 20,000 sq m and made a further request to delete its offer in respect of the said land. The subsequent letters sent by AMS at its own choice are of no consequence.  The correspondence on record makes it clear that there was no confusion whatsoever with regard to reserved price fixed. Once it is clear that there was no vagueness, uncertainty or any confusion with regard to the reserved price there is no scope for any interference in the matter by the Court. The terms and conditions of the tender were expressly clear by which the Authority as well as the bidders were bound and such conditions are not open to judicial scrutiny unless the action of the tendering authority is found to be malicious and misuse of its statutory powers. The bids offered by AMS received their due attention in a fair and transparent manner free from any bias at the hands of MDA. No rights of AMS have been infringed by MDA in not giving opportunity to involve itself in lengthy negotiations. The Authority was free to make it choice and t invite fresh bids after AMS relinquished it claim in respect of the disputed plot vide letter dated 17.9.2001 which was accepted by MDA. The decision of the Authority was duly communicated to AMS by MDA fide its letter dated 27.11.2001. The decision so taken by MDA resulted in no infringement of rights of AMS. Hence, MDA shall be at liberty to call for fresh tenders in accordance with law but duly notifying the land use for both educational and residential and invite bids accordingly. It shall permit AMS and other educational institutions intending to participate in the auction. In view of the undertaking given by MDA it shall not raise any objection for the use of the land for educational purposes in case any educational institution is found to be the successful bidder. The bids shall obviously be invited from the intending bidders duly notifying the residential and educational use.  

Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Nature of Disposal of public property by State Methods for disposal of  Rights of bidder -  Held, Bidders participating in the tender process have no other right except the right to equality and fair treatment. Terms of invitation to tender are not open to judicial scrutiny as they lie in realm of contract. Disposal of public property by State or its instrumentalities partakes the character f a trust. Methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. Meerut Development Authority v Association of Management Studies & anr. 

Government Contracts/Tenders :[L.S. Panta & B. Sudershan Reddy, JJ] Tender conditions/NIT Binding effect of Non-adherence by bidder  Held, Authority is not obliged to entertain tender in such a case. Allotment of land in residential scheme for educational use - Reserved rate fixed at 50% of sector rate under G.O. dated 19.4.1996-Respondents commercial offer for one of two plots being less than reserved rate -Rejected by appellant Authority  Legality - Respondent informing appellant Authority to delete the said plot from their offer - Appellant confirming allotment of other plot of land to respondent Subsequently, respondent requesting Authority to allot the deleted plot at the reserved price - Appellant re-auctioning land with change in land use conditions   High Court allowing writ petition of respondent there against holding there was a concluded contract between the parties - Sustainability of Held, Tender process stood terminated on Authority allotting the one plot alone  Rights of respondent, if any, ended when it informed the Authority to delete it offer vis--vis the deleted plot. There was not vagueness, uncertainty or confusion with regard to reserved price -No scope for any interference-Authority as well as the bidders were bound by such conditions Reiterated, tender conditions are not open to judicial scrutiny unless action of tendering authority is found to be malicious and a misuse of statutory powers In present case, bids offered by respondent received due attention in a fair and transparent manner free from any bias by appellant Authority-Refusal to accept tender of from any bias by appellant Authority Refusal to accept tender of respondent on ground that the offer made was lower than the reserved price is legal and valid-No rights of respondent infringed by appellant Authority  Costs imposed on respondent.

Government Grants & Largesse: [L.S. Panta & B. Sudershan Reddy, JJ] Getting full value in sale of State-owned natural assets  Held, The struggle to get for the State the full value of its resources is particularly pronounced in the sale of State-owned natural assets to the private sector. Whenever the Government or the authorities get less than the full value of the asset, the country is being cheated; there is a simple transfer of wealth from the citizens as a whole to whoever gets the assets at a discount. Most of the times the wealth of a State goes to the individuals within the country rather than to multi-national corporations; still, wealth slips away that ought to belong to the nation as a whole.  -  The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. In fact project-wise research helps to generate better efficiency than advertised research organisation.',
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			'counselplain' => ' S.K. Bhattacharya and; R. Venkataramani, Advs',
			'counseldef' => ' Altaf Ahmed, Addl. Solicitor General, ; S.K. Mehta, ; A. Mariarp',
			'court' => 'Supreme Court of India',
			'court_type' => 'SC',
			'decidedon' => '1991-08-14',
			'deposition' => '',
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			'findings' => null,
			'judge' => ' Ranganath Misra, C.J.,; M.H. Kania and; Kuldip Singh, JJ.',
			'judgement' => 'ORDER<p style="text-align: justify;">Ranganath Misra, C.J.</p><p style="text-align: justify;">1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.</p><p style="text-align: justify;">2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; </p><p style="text-align: justify;">The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same</p><p style="text-align: justify;">Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.</p><p style="text-align: justify;">3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.</p><p style="text-align: justify;">4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.</p><p style="text-align: justify;">5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.</p><p style="text-align: justify;">6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.</p><p style="text-align: justify;">7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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$title_for_layout = 'Dr V P Chaturvedi and ors Vs Union of India Uoi and ors - Citation 662665 - Court Judgment | '
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		'appealno' => 'Writ Petition No. 917 of 1990 with I.A. Nos. 1-3 of 1990 in Writ Petition (Civil) No. 9 of 1988 and ',
		'appellant' => 'Dr V.P. Chaturvedi and ors.',
		'authreffered' => '',
		'casename' => 'Dr V.P. Chaturvedi and ors. Vs. Union of India (Uoi) and ors.',
		'casenote' => 'Service - research work - Service Law - quality of work in research institutes specialised in their fields bound to be better than research carried on by manufacturers themselves - scheme could be evolved by which established drug manufacturers could be required to participate in such supporting programmes by supporting particular research projects - continuing research keeps up level of knowledge and helps enhancement of efficiency of treatment of diseases and in matter of providing relief to patients - research must be done as project wise to improve efficiency.<br><br> - Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Power of State /its instrumentalities to not accept highest bid (or lowest bid, as the case may be) When available -  Held,  A tender is an offer. It is something which invites and is communicated to notify acceptance. It must be unconditional, must be in the proper form, the person by whom tender is made must be able to and willing to perform his obligations. The terms of the invitation to tender cannot be open to judicial scrutiny because the invitation to tender is in the realm of contract. However, a limited judicial review may be available in cases where it is established that the terms of the invitation to tender were so tailor-made to suit the convenience f any particular person with a view to eliminate all others from participating in the bidding process. The bidders participating in the tender process have no other right except the right to equality and fair treatment in the matter of evaluation of competitive bids offered by interested persons in response to notice inviting tenders in a transparent manner and free from hidden agenda. One cannot challenge the terms and conditions of the tender except on the above stated ground, the reason being the terms of the invitation to tender are in the realm of the contract. No bidder is entitled as a matter of right to insist the authority inviting tenders to enter into further negotiations unless the terms and conditions of notice so provided for such negotiations. It is so well settled in law and needs no restatement, that disposal of the public property by the State or its instrumentalities partakes the character of a trust. The methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. The Authority has the right not to accept the highest bid and even to prefer a tender other than the highest bidder, if there exist good and sufficient reasons, such as, the highest bid not representing the market price but there cannot be any doubt that the Authoritys action in accepting or refusing the bid must be free from arbitrariness  favouritism. In the present case, the tender notice makes it abundantly clear that the two plots of land admeasuring 37,000 and 20,000 sq m meant for establishing engineering colleges were advertised as a single item, though the specified reserved price was different. The respondent AMS itself mentioned different and separate bids in its tender and made a bid for the 20,000 sq m plot which was less than the reserved price. The appellant Authority (MDA) was not under any legal or constitutional obligation to entertain the bid which was much below the reserved the price. MDA though not under any obligation, provided a further opportunity to AMS and expressed its willingness to part with the 20,000 sq m plot provided AMS agreed to pay the reserved rate. AMS did not avail this opportunity. Even at this stage AMS did not say that it was under some confusion as regrds the specified reserved price. No objections were raised whatsoever in this regard. Instead it made a request that the two plots be segregated and the 37,000 sq m be allotted to it while the other plot 20,000 sq m may be deleted from ..offer as the cost of that  land is not viable. AMS expressed its desire to purchase the said land at its lower, bid price only.  AMS proceeded on the assumption as if it had some unassailable right in respect of the said plot of land merely because it had earlier got allotted an adjoining plot of land for the construction of its buildings. Had the Authority conceded to the request so made by AMS it would have been an unfair and arbitrary decision and the courts may have interfered with the same in exercise of judicial review power. The tender process actually stood terminated with the letter of MDA dated 27.11.2001 allotting the 37,000 sq m of land alone. The rights of AMS, if any came to an end when it informed MDA that it was not claiming any right over the land admeasuring 20,000 sq m and made a further request to delete its offer in respect of the said land. The subsequent letters sent by AMS at its own choice are of no consequence.  The correspondence on record makes it clear that there was no confusion whatsoever with regard to reserved price fixed. Once it is clear that there was no vagueness, uncertainty or any confusion with regard to the reserved price there is no scope for any interference in the matter by the Court. The terms and conditions of the tender were expressly clear by which the Authority as well as the bidders were bound and such conditions are not open to judicial scrutiny unless the action of the tendering authority is found to be malicious and misuse of its statutory powers. The bids offered by AMS received their due attention in a fair and transparent manner free from any bias at the hands of MDA. No rights of AMS have been infringed by MDA in not giving opportunity to involve itself in lengthy negotiations. The Authority was free to make it choice and t invite fresh bids after AMS relinquished it claim in respect of the disputed plot vide letter dated 17.9.2001 which was accepted by MDA. The decision of the Authority was duly communicated to AMS by MDA fide its letter dated 27.11.2001. The decision so taken by MDA resulted in no infringement of rights of AMS. Hence, MDA shall be at liberty to call for fresh tenders in accordance with law but duly notifying the land use for both educational and residential and invite bids accordingly. It shall permit AMS and other educational institutions intending to participate in the auction. In view of the undertaking given by MDA it shall not raise any objection for the use of the land for educational purposes in case any educational institution is found to be the successful bidder. The bids shall obviously be invited from the intending bidders duly notifying the residential and educational use.  

Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Nature of Disposal of public property by State Methods for disposal of  Rights of bidder -  Held, Bidders participating in the tender process have no other right except the right to equality and fair treatment. Terms of invitation to tender are not open to judicial scrutiny as they lie in realm of contract. Disposal of public property by State or its instrumentalities partakes the character f a trust. Methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. Meerut Development Authority v Association of Management Studies & anr. 

Government Contracts/Tenders :[L.S. Panta & B. Sudershan Reddy, JJ] Tender conditions/NIT Binding effect of Non-adherence by bidder  Held, Authority is not obliged to entertain tender in such a case. Allotment of land in residential scheme for educational use - Reserved rate fixed at 50% of sector rate under G.O. dated 19.4.1996-Respondents commercial offer for one of two plots being less than reserved rate -Rejected by appellant Authority  Legality - Respondent informing appellant Authority to delete the said plot from their offer - Appellant confirming allotment of other plot of land to respondent Subsequently, respondent requesting Authority to allot the deleted plot at the reserved price - Appellant re-auctioning land with change in land use conditions   High Court allowing writ petition of respondent there against holding there was a concluded contract between the parties - Sustainability of Held, Tender process stood terminated on Authority allotting the one plot alone  Rights of respondent, if any, ended when it informed the Authority to delete it offer vis--vis the deleted plot. There was not vagueness, uncertainty or confusion with regard to reserved price -No scope for any interference-Authority as well as the bidders were bound by such conditions Reiterated, tender conditions are not open to judicial scrutiny unless action of tendering authority is found to be malicious and a misuse of statutory powers In present case, bids offered by respondent received due attention in a fair and transparent manner free from any bias by appellant Authority-Refusal to accept tender of from any bias by appellant Authority Refusal to accept tender of respondent on ground that the offer made was lower than the reserved price is legal and valid-No rights of respondent infringed by appellant Authority  Costs imposed on respondent.

Government Grants & Largesse: [L.S. Panta & B. Sudershan Reddy, JJ] Getting full value in sale of State-owned natural assets  Held, The struggle to get for the State the full value of its resources is particularly pronounced in the sale of State-owned natural assets to the private sector. Whenever the Government or the authorities get less than the full value of the asset, the country is being cheated; there is a simple transfer of wealth from the citizens as a whole to whoever gets the assets at a discount. Most of the times the wealth of a State goes to the individuals within the country rather than to multi-national corporations; still, wealth slips away that ought to belong to the nation as a whole.  -  The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. In fact project-wise research helps to generate better efficiency than advertised research organisation.',
		'caseanalysis' => null,
		'casesref' => '',
		'citingcases' => '',
		'counselplain' => ' S.K. Bhattacharya and; R. Venkataramani, Advs',
		'counseldef' => ' Altaf Ahmed, Addl. Solicitor General, ; S.K. Mehta, ; A. Mariarp',
		'court' => 'Supreme Court of India',
		'court_type' => 'SC',
		'decidedon' => '1991-08-14',
		'deposition' => '',
		'favorof' => null,
		'findings' => null,
		'judge' => ' Ranganath Misra, C.J.,; M.H. Kania and; Kuldip Singh, JJ.',
		'judgement' => 'ORDER<p>Ranganath Misra, C.J.</p><p>1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.</p><p>2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; </p><p>The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same</p><p>Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.</p><p>3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.</p><p>4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.</p><p>5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.</p><p>6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.</p><p>7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.<p></p><p>',
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service - research work - service law - quality of work in research institutes specialised in their fields bound to be better than research carried on by manufacturers themselves - scheme could be evolved by which established drug manufacturers could be required to participate in such supporting programmes by supporting particular research projects - continuing research keeps up level of knowledge and helps enhancement of efficiency of treatment of diseases and in matter of providing relief to patients - research must be done as project wise to improve efficiency. - government contracts/tenders: [l.s. panta & b. sudershan reddy, jj] tender process - power of state /its instrumentalities to not accept highest bid (or lowest bid, as the case may be) when available - held, a tender is an.....

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	'title_for_layout' => 'Dr V P Chaturvedi and ors Vs Union of India Uoi and ors - Citation 662665 - Court Judgment | ',
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		'Judgement' => array(
			'id' => '662665',
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			'appealno' => 'Writ Petition No. 917 of 1990 with I.A. Nos. 1-3 of 1990 in Writ Petition (Civil) No. 9 of 1988 and ',
			'appellant' => 'Dr V.P. Chaturvedi and ors.',
			'authreffered' => '',
			'casename' => 'Dr V.P. Chaturvedi and ors. Vs. Union of India (Uoi) and ors.',
			'casenote' => 'Service - research work - Service Law - quality of work in research institutes specialised in their fields bound to be better than research carried on by manufacturers themselves - scheme could be evolved by which established drug manufacturers could be required to participate in such supporting programmes by supporting particular research projects - continuing research keeps up level of knowledge and helps enhancement of efficiency of treatment of diseases and in matter of providing relief to patients - research must be done as project wise to improve efficiency.<br><br> - Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Power of State /its instrumentalities to not accept highest bid (or lowest bid, as the case may be) When available -  Held,  A tender is an offer. It is something which invites and is communicated to notify acceptance. It must be unconditional, must be in the proper form, the person by whom tender is made must be able to and willing to perform his obligations. The terms of the invitation to tender cannot be open to judicial scrutiny because the invitation to tender is in the realm of contract. However, a limited judicial review may be available in cases where it is established that the terms of the invitation to tender were so tailor-made to suit the convenience f any particular person with a view to eliminate all others from participating in the bidding process. The bidders participating in the tender process have no other right except the right to equality and fair treatment in the matter of evaluation of competitive bids offered by interested persons in response to notice inviting tenders in a transparent manner and free from hidden agenda. One cannot challenge the terms and conditions of the tender except on the above stated ground, the reason being the terms of the invitation to tender are in the realm of the contract. No bidder is entitled as a matter of right to insist the authority inviting tenders to enter into further negotiations unless the terms and conditions of notice so provided for such negotiations. It is so well settled in law and needs no restatement, that disposal of the public property by the State or its instrumentalities partakes the character of a trust. The methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. The Authority has the right not to accept the highest bid and even to prefer a tender other than the highest bidder, if there exist good and sufficient reasons, such as, the highest bid not representing the market price but there cannot be any doubt that the Authoritys action in accepting or refusing the bid must be free from arbitrariness  favouritism. In the present case, the tender notice makes it abundantly clear that the two plots of land admeasuring 37,000 and 20,000 sq m meant for establishing engineering colleges were advertised as a single item, though the specified reserved price was different. The respondent AMS itself mentioned different and separate bids in its tender and made a bid for the 20,000 sq m plot which was less than the reserved price. The appellant Authority (MDA) was not under any legal or constitutional obligation to entertain the bid which was much below the reserved the price. MDA though not under any obligation, provided a further opportunity to AMS and expressed its willingness to part with the 20,000 sq m plot provided AMS agreed to pay the reserved rate. AMS did not avail this opportunity. Even at this stage AMS did not say that it was under some confusion as regrds the specified reserved price. No objections were raised whatsoever in this regard. Instead it made a request that the two plots be segregated and the 37,000 sq m be allotted to it while the other plot 20,000 sq m may be deleted from ..offer as the cost of that  land is not viable. AMS expressed its desire to purchase the said land at its lower, bid price only.  AMS proceeded on the assumption as if it had some unassailable right in respect of the said plot of land merely because it had earlier got allotted an adjoining plot of land for the construction of its buildings. Had the Authority conceded to the request so made by AMS it would have been an unfair and arbitrary decision and the courts may have interfered with the same in exercise of judicial review power. The tender process actually stood terminated with the letter of MDA dated 27.11.2001 allotting the 37,000 sq m of land alone. The rights of AMS, if any came to an end when it informed MDA that it was not claiming any right over the land admeasuring 20,000 sq m and made a further request to delete its offer in respect of the said land. The subsequent letters sent by AMS at its own choice are of no consequence.  The correspondence on record makes it clear that there was no confusion whatsoever with regard to reserved price fixed. Once it is clear that there was no vagueness, uncertainty or any confusion with regard to the reserved price there is no scope for any interference in the matter by the Court. The terms and conditions of the tender were expressly clear by which the Authority as well as the bidders were bound and such conditions are not open to judicial scrutiny unless the action of the tendering authority is found to be malicious and misuse of its statutory powers. The bids offered by AMS received their due attention in a fair and transparent manner free from any bias at the hands of MDA. No rights of AMS have been infringed by MDA in not giving opportunity to involve itself in lengthy negotiations. The Authority was free to make it choice and t invite fresh bids after AMS relinquished it claim in respect of the disputed plot vide letter dated 17.9.2001 which was accepted by MDA. The decision of the Authority was duly communicated to AMS by MDA fide its letter dated 27.11.2001. The decision so taken by MDA resulted in no infringement of rights of AMS. Hence, MDA shall be at liberty to call for fresh tenders in accordance with law but duly notifying the land use for both educational and residential and invite bids accordingly. It shall permit AMS and other educational institutions intending to participate in the auction. In view of the undertaking given by MDA it shall not raise any objection for the use of the land for educational purposes in case any educational institution is found to be the successful bidder. The bids shall obviously be invited from the intending bidders duly notifying the residential and educational use.  

Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Nature of Disposal of public property by State Methods for disposal of  Rights of bidder -  Held, Bidders participating in the tender process have no other right except the right to equality and fair treatment. Terms of invitation to tender are not open to judicial scrutiny as they lie in realm of contract. Disposal of public property by State or its instrumentalities partakes the character f a trust. Methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. Meerut Development Authority v Association of Management Studies & anr. 

Government Contracts/Tenders :[L.S. Panta & B. Sudershan Reddy, JJ] Tender conditions/NIT Binding effect of Non-adherence by bidder  Held, Authority is not obliged to entertain tender in such a case. Allotment of land in residential scheme for educational use - Reserved rate fixed at 50% of sector rate under G.O. dated 19.4.1996-Respondents commercial offer for one of two plots being less than reserved rate -Rejected by appellant Authority  Legality - Respondent informing appellant Authority to delete the said plot from their offer - Appellant confirming allotment of other plot of land to respondent Subsequently, respondent requesting Authority to allot the deleted plot at the reserved price - Appellant re-auctioning land with change in land use conditions   High Court allowing writ petition of respondent there against holding there was a concluded contract between the parties - Sustainability of Held, Tender process stood terminated on Authority allotting the one plot alone  Rights of respondent, if any, ended when it informed the Authority to delete it offer vis--vis the deleted plot. There was not vagueness, uncertainty or confusion with regard to reserved price -No scope for any interference-Authority as well as the bidders were bound by such conditions Reiterated, tender conditions are not open to judicial scrutiny unless action of tendering authority is found to be malicious and a misuse of statutory powers In present case, bids offered by respondent received due attention in a fair and transparent manner free from any bias by appellant Authority-Refusal to accept tender of from any bias by appellant Authority Refusal to accept tender of respondent on ground that the offer made was lower than the reserved price is legal and valid-No rights of respondent infringed by appellant Authority  Costs imposed on respondent.

Government Grants & Largesse: [L.S. Panta & B. Sudershan Reddy, JJ] Getting full value in sale of State-owned natural assets  Held, The struggle to get for the State the full value of its resources is particularly pronounced in the sale of State-owned natural assets to the private sector. Whenever the Government or the authorities get less than the full value of the asset, the country is being cheated; there is a simple transfer of wealth from the citizens as a whole to whoever gets the assets at a discount. Most of the times the wealth of a State goes to the individuals within the country rather than to multi-national corporations; still, wealth slips away that ought to belong to the nation as a whole.  -  The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. In fact project-wise research helps to generate better efficiency than advertised research organisation.',
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			'counselplain' => ' S.K. Bhattacharya and; R. Venkataramani, Advs',
			'counseldef' => ' Altaf Ahmed, Addl. Solicitor General, ; S.K. Mehta, ; A. Mariarp',
			'court' => 'Supreme Court of India',
			'court_type' => 'SC',
			'decidedon' => '1991-08-14',
			'deposition' => '',
			'favorof' => null,
			'findings' => null,
			'judge' => ' Ranganath Misra, C.J.,; M.H. Kania and; Kuldip Singh, JJ.',
			'judgement' => 'ORDER<p style="text-align: justify;">Ranganath Misra, C.J.</p><p style="text-align: justify;">1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.</p><p style="text-align: justify;">2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; </p><p style="text-align: justify;">The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same</p><p style="text-align: justify;">Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.</p><p style="text-align: justify;">3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.</p><p style="text-align: justify;">4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.</p><p style="text-align: justify;">5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.</p><p style="text-align: justify;">6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.</p><p style="text-align: justify;">7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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		'appealno' => 'Writ Petition No. 917 of 1990 with I.A. Nos. 1-3 of 1990 in Writ Petition (Civil) No. 9 of 1988 and ',
		'appellant' => 'Dr V.P. Chaturvedi and ors.',
		'authreffered' => '',
		'casename' => 'Dr V.P. Chaturvedi and ors. Vs. Union of India (Uoi) and ors.',
		'casenote' => 'Service - research work - Service Law - quality of work in research institutes specialised in their fields bound to be better than research carried on by manufacturers themselves - scheme could be evolved by which established drug manufacturers could be required to participate in such supporting programmes by supporting particular research projects - continuing research keeps up level of knowledge and helps enhancement of efficiency of treatment of diseases and in matter of providing relief to patients - research must be done as project wise to improve efficiency.<br><br> - Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Power of State /its instrumentalities to not accept highest bid (or lowest bid, as the case may be) When available -  Held,  A tender is an offer. It is something which invites and is communicated to notify acceptance. It must be unconditional, must be in the proper form, the person by whom tender is made must be able to and willing to perform his obligations. The terms of the invitation to tender cannot be open to judicial scrutiny because the invitation to tender is in the realm of contract. However, a limited judicial review may be available in cases where it is established that the terms of the invitation to tender were so tailor-made to suit the convenience f any particular person with a view to eliminate all others from participating in the bidding process. The bidders participating in the tender process have no other right except the right to equality and fair treatment in the matter of evaluation of competitive bids offered by interested persons in response to notice inviting tenders in a transparent manner and free from hidden agenda. One cannot challenge the terms and conditions of the tender except on the above stated ground, the reason being the terms of the invitation to tender are in the realm of the contract. No bidder is entitled as a matter of right to insist the authority inviting tenders to enter into further negotiations unless the terms and conditions of notice so provided for such negotiations. It is so well settled in law and needs no restatement, that disposal of the public property by the State or its instrumentalities partakes the character of a trust. The methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. The Authority has the right not to accept the highest bid and even to prefer a tender other than the highest bidder, if there exist good and sufficient reasons, such as, the highest bid not representing the market price but there cannot be any doubt that the Authoritys action in accepting or refusing the bid must be free from arbitrariness  favouritism. In the present case, the tender notice makes it abundantly clear that the two plots of land admeasuring 37,000 and 20,000 sq m meant for establishing engineering colleges were advertised as a single item, though the specified reserved price was different. The respondent AMS itself mentioned different and separate bids in its tender and made a bid for the 20,000 sq m plot which was less than the reserved price. The appellant Authority (MDA) was not under any legal or constitutional obligation to entertain the bid which was much below the reserved the price. MDA though not under any obligation, provided a further opportunity to AMS and expressed its willingness to part with the 20,000 sq m plot provided AMS agreed to pay the reserved rate. AMS did not avail this opportunity. Even at this stage AMS did not say that it was under some confusion as regrds the specified reserved price. No objections were raised whatsoever in this regard. Instead it made a request that the two plots be segregated and the 37,000 sq m be allotted to it while the other plot 20,000 sq m may be deleted from ..offer as the cost of that  land is not viable. AMS expressed its desire to purchase the said land at its lower, bid price only.  AMS proceeded on the assumption as if it had some unassailable right in respect of the said plot of land merely because it had earlier got allotted an adjoining plot of land for the construction of its buildings. Had the Authority conceded to the request so made by AMS it would have been an unfair and arbitrary decision and the courts may have interfered with the same in exercise of judicial review power. The tender process actually stood terminated with the letter of MDA dated 27.11.2001 allotting the 37,000 sq m of land alone. The rights of AMS, if any came to an end when it informed MDA that it was not claiming any right over the land admeasuring 20,000 sq m and made a further request to delete its offer in respect of the said land. The subsequent letters sent by AMS at its own choice are of no consequence.  The correspondence on record makes it clear that there was no confusion whatsoever with regard to reserved price fixed. Once it is clear that there was no vagueness, uncertainty or any confusion with regard to the reserved price there is no scope for any interference in the matter by the Court. The terms and conditions of the tender were expressly clear by which the Authority as well as the bidders were bound and such conditions are not open to judicial scrutiny unless the action of the tendering authority is found to be malicious and misuse of its statutory powers. The bids offered by AMS received their due attention in a fair and transparent manner free from any bias at the hands of MDA. No rights of AMS have been infringed by MDA in not giving opportunity to involve itself in lengthy negotiations. The Authority was free to make it choice and t invite fresh bids after AMS relinquished it claim in respect of the disputed plot vide letter dated 17.9.2001 which was accepted by MDA. The decision of the Authority was duly communicated to AMS by MDA fide its letter dated 27.11.2001. The decision so taken by MDA resulted in no infringement of rights of AMS. Hence, MDA shall be at liberty to call for fresh tenders in accordance with law but duly notifying the land use for both educational and residential and invite bids accordingly. It shall permit AMS and other educational institutions intending to participate in the auction. In view of the undertaking given by MDA it shall not raise any objection for the use of the land for educational purposes in case any educational institution is found to be the successful bidder. The bids shall obviously be invited from the intending bidders duly notifying the residential and educational use.  

Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Nature of Disposal of public property by State Methods for disposal of  Rights of bidder -  Held, Bidders participating in the tender process have no other right except the right to equality and fair treatment. Terms of invitation to tender are not open to judicial scrutiny as they lie in realm of contract. Disposal of public property by State or its instrumentalities partakes the character f a trust. Methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. Meerut Development Authority v Association of Management Studies & anr. 

Government Contracts/Tenders :[L.S. Panta & B. Sudershan Reddy, JJ] Tender conditions/NIT Binding effect of Non-adherence by bidder  Held, Authority is not obliged to entertain tender in such a case. Allotment of land in residential scheme for educational use - Reserved rate fixed at 50% of sector rate under G.O. dated 19.4.1996-Respondents commercial offer for one of two plots being less than reserved rate -Rejected by appellant Authority  Legality - Respondent informing appellant Authority to delete the said plot from their offer - Appellant confirming allotment of other plot of land to respondent Subsequently, respondent requesting Authority to allot the deleted plot at the reserved price - Appellant re-auctioning land with change in land use conditions   High Court allowing writ petition of respondent there against holding there was a concluded contract between the parties - Sustainability of Held, Tender process stood terminated on Authority allotting the one plot alone  Rights of respondent, if any, ended when it informed the Authority to delete it offer vis--vis the deleted plot. There was not vagueness, uncertainty or confusion with regard to reserved price -No scope for any interference-Authority as well as the bidders were bound by such conditions Reiterated, tender conditions are not open to judicial scrutiny unless action of tendering authority is found to be malicious and a misuse of statutory powers In present case, bids offered by respondent received due attention in a fair and transparent manner free from any bias by appellant Authority-Refusal to accept tender of from any bias by appellant Authority Refusal to accept tender of respondent on ground that the offer made was lower than the reserved price is legal and valid-No rights of respondent infringed by appellant Authority  Costs imposed on respondent.

Government Grants & Largesse: [L.S. Panta & B. Sudershan Reddy, JJ] Getting full value in sale of State-owned natural assets  Held, The struggle to get for the State the full value of its resources is particularly pronounced in the sale of State-owned natural assets to the private sector. Whenever the Government or the authorities get less than the full value of the asset, the country is being cheated; there is a simple transfer of wealth from the citizens as a whole to whoever gets the assets at a discount. Most of the times the wealth of a State goes to the individuals within the country rather than to multi-national corporations; still, wealth slips away that ought to belong to the nation as a whole.  -  The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. In fact project-wise research helps to generate better efficiency than advertised research organisation.',
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		'counselplain' => ' S.K. Bhattacharya and; R. Venkataramani, Advs',
		'counseldef' => ' Altaf Ahmed, Addl. Solicitor General, ; S.K. Mehta, ; A. Mariarp',
		'court' => 'Supreme Court of India',
		'court_type' => 'SC',
		'decidedon' => '1991-08-14',
		'deposition' => '',
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		'judge' => ' Ranganath Misra, C.J.,; M.H. Kania and; Kuldip Singh, JJ.',
		'judgement' => 'ORDER<p>Ranganath Misra, C.J.</p><p>1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.</p><p>2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; </p><p>The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same</p><p>Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.</p><p>3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.</p><p>4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.</p><p>5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.</p><p>6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.</p><p>7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.<p></p><p>',
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	'title_for_layout' => 'Dr V P Chaturvedi and ors Vs Union of India Uoi and ors - Citation 662665 - Court Judgment | ',
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		'Judgement' => array(
			'id' => '662665',
			'acts' => '',
			'appealno' => 'Writ Petition No. 917 of 1990 with I.A. Nos. 1-3 of 1990 in Writ Petition (Civil) No. 9 of 1988 and ',
			'appellant' => 'Dr V.P. Chaturvedi and ors.',
			'authreffered' => '',
			'casename' => 'Dr V.P. Chaturvedi and ors. Vs. Union of India (Uoi) and ors.',
			'casenote' => 'Service - research work - Service Law - quality of work in research institutes specialised in their fields bound to be better than research carried on by manufacturers themselves - scheme could be evolved by which established drug manufacturers could be required to participate in such supporting programmes by supporting particular research projects - continuing research keeps up level of knowledge and helps enhancement of efficiency of treatment of diseases and in matter of providing relief to patients - research must be done as project wise to improve efficiency.<br><br> - Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Power of State /its instrumentalities to not accept highest bid (or lowest bid, as the case may be) When available -  Held,  A tender is an offer. It is something which invites and is communicated to notify acceptance. It must be unconditional, must be in the proper form, the person by whom tender is made must be able to and willing to perform his obligations. The terms of the invitation to tender cannot be open to judicial scrutiny because the invitation to tender is in the realm of contract. However, a limited judicial review may be available in cases where it is established that the terms of the invitation to tender were so tailor-made to suit the convenience f any particular person with a view to eliminate all others from participating in the bidding process. The bidders participating in the tender process have no other right except the right to equality and fair treatment in the matter of evaluation of competitive bids offered by interested persons in response to notice inviting tenders in a transparent manner and free from hidden agenda. One cannot challenge the terms and conditions of the tender except on the above stated ground, the reason being the terms of the invitation to tender are in the realm of the contract. No bidder is entitled as a matter of right to insist the authority inviting tenders to enter into further negotiations unless the terms and conditions of notice so provided for such negotiations. It is so well settled in law and needs no restatement, that disposal of the public property by the State or its instrumentalities partakes the character of a trust. The methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. The Authority has the right not to accept the highest bid and even to prefer a tender other than the highest bidder, if there exist good and sufficient reasons, such as, the highest bid not representing the market price but there cannot be any doubt that the Authoritys action in accepting or refusing the bid must be free from arbitrariness  favouritism. In the present case, the tender notice makes it abundantly clear that the two plots of land admeasuring 37,000 and 20,000 sq m meant for establishing engineering colleges were advertised as a single item, though the specified reserved price was different. The respondent AMS itself mentioned different and separate bids in its tender and made a bid for the 20,000 sq m plot which was less than the reserved price. The appellant Authority (MDA) was not under any legal or constitutional obligation to entertain the bid which was much below the reserved the price. MDA though not under any obligation, provided a further opportunity to AMS and expressed its willingness to part with the 20,000 sq m plot provided AMS agreed to pay the reserved rate. AMS did not avail this opportunity. Even at this stage AMS did not say that it was under some confusion as regrds the specified reserved price. No objections were raised whatsoever in this regard. Instead it made a request that the two plots be segregated and the 37,000 sq m be allotted to it while the other plot 20,000 sq m may be deleted from ..offer as the cost of that  land is not viable. AMS expressed its desire to purchase the said land at its lower, bid price only.  AMS proceeded on the assumption as if it had some unassailable right in respect of the said plot of land merely because it had earlier got allotted an adjoining plot of land for the construction of its buildings. Had the Authority conceded to the request so made by AMS it would have been an unfair and arbitrary decision and the courts may have interfered with the same in exercise of judicial review power. The tender process actually stood terminated with the letter of MDA dated 27.11.2001 allotting the 37,000 sq m of land alone. The rights of AMS, if any came to an end when it informed MDA that it was not claiming any right over the land admeasuring 20,000 sq m and made a further request to delete its offer in respect of the said land. The subsequent letters sent by AMS at its own choice are of no consequence.  The correspondence on record makes it clear that there was no confusion whatsoever with regard to reserved price fixed. Once it is clear that there was no vagueness, uncertainty or any confusion with regard to the reserved price there is no scope for any interference in the matter by the Court. The terms and conditions of the tender were expressly clear by which the Authority as well as the bidders were bound and such conditions are not open to judicial scrutiny unless the action of the tendering authority is found to be malicious and misuse of its statutory powers. The bids offered by AMS received their due attention in a fair and transparent manner free from any bias at the hands of MDA. No rights of AMS have been infringed by MDA in not giving opportunity to involve itself in lengthy negotiations. The Authority was free to make it choice and t invite fresh bids after AMS relinquished it claim in respect of the disputed plot vide letter dated 17.9.2001 which was accepted by MDA. The decision of the Authority was duly communicated to AMS by MDA fide its letter dated 27.11.2001. The decision so taken by MDA resulted in no infringement of rights of AMS. Hence, MDA shall be at liberty to call for fresh tenders in accordance with law but duly notifying the land use for both educational and residential and invite bids accordingly. It shall permit AMS and other educational institutions intending to participate in the auction. In view of the undertaking given by MDA it shall not raise any objection for the use of the land for educational purposes in case any educational institution is found to be the successful bidder. The bids shall obviously be invited from the intending bidders duly notifying the residential and educational use.  

Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Nature of Disposal of public property by State Methods for disposal of  Rights of bidder -  Held, Bidders participating in the tender process have no other right except the right to equality and fair treatment. Terms of invitation to tender are not open to judicial scrutiny as they lie in realm of contract. Disposal of public property by State or its instrumentalities partakes the character f a trust. Methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. Meerut Development Authority v Association of Management Studies & anr. 

Government Contracts/Tenders :[L.S. Panta & B. Sudershan Reddy, JJ] Tender conditions/NIT Binding effect of Non-adherence by bidder  Held, Authority is not obliged to entertain tender in such a case. Allotment of land in residential scheme for educational use - Reserved rate fixed at 50% of sector rate under G.O. dated 19.4.1996-Respondents commercial offer for one of two plots being less than reserved rate -Rejected by appellant Authority  Legality - Respondent informing appellant Authority to delete the said plot from their offer - Appellant confirming allotment of other plot of land to respondent Subsequently, respondent requesting Authority to allot the deleted plot at the reserved price - Appellant re-auctioning land with change in land use conditions   High Court allowing writ petition of respondent there against holding there was a concluded contract between the parties - Sustainability of Held, Tender process stood terminated on Authority allotting the one plot alone  Rights of respondent, if any, ended when it informed the Authority to delete it offer vis--vis the deleted plot. There was not vagueness, uncertainty or confusion with regard to reserved price -No scope for any interference-Authority as well as the bidders were bound by such conditions Reiterated, tender conditions are not open to judicial scrutiny unless action of tendering authority is found to be malicious and a misuse of statutory powers In present case, bids offered by respondent received due attention in a fair and transparent manner free from any bias by appellant Authority-Refusal to accept tender of from any bias by appellant Authority Refusal to accept tender of respondent on ground that the offer made was lower than the reserved price is legal and valid-No rights of respondent infringed by appellant Authority  Costs imposed on respondent.

Government Grants & Largesse: [L.S. Panta & B. Sudershan Reddy, JJ] Getting full value in sale of State-owned natural assets  Held, The struggle to get for the State the full value of its resources is particularly pronounced in the sale of State-owned natural assets to the private sector. Whenever the Government or the authorities get less than the full value of the asset, the country is being cheated; there is a simple transfer of wealth from the citizens as a whole to whoever gets the assets at a discount. Most of the times the wealth of a State goes to the individuals within the country rather than to multi-national corporations; still, wealth slips away that ought to belong to the nation as a whole.  -  The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. In fact project-wise research helps to generate better efficiency than advertised research organisation.',
			'caseanalysis' => null,
			'casesref' => '',
			'citingcases' => '',
			'counselplain' => ' S.K. Bhattacharya and; R. Venkataramani, Advs',
			'counseldef' => ' Altaf Ahmed, Addl. Solicitor General, ; S.K. Mehta, ; A. Mariarp',
			'court' => 'Supreme Court of India',
			'court_type' => 'SC',
			'decidedon' => '1991-08-14',
			'deposition' => '',
			'favorof' => null,
			'findings' => null,
			'judge' => ' Ranganath Misra, C.J.,; M.H. Kania and; Kuldip Singh, JJ.',
			'judgement' => 'ORDER<p style="text-align: justify;">Ranganath Misra, C.J.</p><p style="text-align: justify;">1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.</p><p style="text-align: justify;">2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; </p><p style="text-align: justify;">The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same</p><p style="text-align: justify;">Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.</p><p style="text-align: justify;">3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.</p><p style="text-align: justify;">4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.</p><p style="text-align: justify;">5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.</p><p style="text-align: justify;">6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.</p><p style="text-align: justify;">7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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		'casename' => 'Dr V.P. Chaturvedi and ors. Vs. Union of India (Uoi) and ors.',
		'casenote' => 'Service - research work - Service Law - quality of work in research institutes specialised in their fields bound to be better than research carried on by manufacturers themselves - scheme could be evolved by which established drug manufacturers could be required to participate in such supporting programmes by supporting particular research projects - continuing research keeps up level of knowledge and helps enhancement of efficiency of treatment of diseases and in matter of providing relief to patients - research must be done as project wise to improve efficiency.<br><br> - Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Power of State /its instrumentalities to not accept highest bid (or lowest bid, as the case may be) When available -  Held,  A tender is an offer. It is something which invites and is communicated to notify acceptance. It must be unconditional, must be in the proper form, the person by whom tender is made must be able to and willing to perform his obligations. The terms of the invitation to tender cannot be open to judicial scrutiny because the invitation to tender is in the realm of contract. However, a limited judicial review may be available in cases where it is established that the terms of the invitation to tender were so tailor-made to suit the convenience f any particular person with a view to eliminate all others from participating in the bidding process. The bidders participating in the tender process have no other right except the right to equality and fair treatment in the matter of evaluation of competitive bids offered by interested persons in response to notice inviting tenders in a transparent manner and free from hidden agenda. One cannot challenge the terms and conditions of the tender except on the above stated ground, the reason being the terms of the invitation to tender are in the realm of the contract. No bidder is entitled as a matter of right to insist the authority inviting tenders to enter into further negotiations unless the terms and conditions of notice so provided for such negotiations. It is so well settled in law and needs no restatement, that disposal of the public property by the State or its instrumentalities partakes the character of a trust. The methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. The Authority has the right not to accept the highest bid and even to prefer a tender other than the highest bidder, if there exist good and sufficient reasons, such as, the highest bid not representing the market price but there cannot be any doubt that the Authoritys action in accepting or refusing the bid must be free from arbitrariness  favouritism. In the present case, the tender notice makes it abundantly clear that the two plots of land admeasuring 37,000 and 20,000 sq m meant for establishing engineering colleges were advertised as a single item, though the specified reserved price was different. The respondent AMS itself mentioned different and separate bids in its tender and made a bid for the 20,000 sq m plot which was less than the reserved price. The appellant Authority (MDA) was not under any legal or constitutional obligation to entertain the bid which was much below the reserved the price. MDA though not under any obligation, provided a further opportunity to AMS and expressed its willingness to part with the 20,000 sq m plot provided AMS agreed to pay the reserved rate. AMS did not avail this opportunity. Even at this stage AMS did not say that it was under some confusion as regrds the specified reserved price. No objections were raised whatsoever in this regard. Instead it made a request that the two plots be segregated and the 37,000 sq m be allotted to it while the other plot 20,000 sq m may be deleted from ..offer as the cost of that  land is not viable. AMS expressed its desire to purchase the said land at its lower, bid price only.  AMS proceeded on the assumption as if it had some unassailable right in respect of the said plot of land merely because it had earlier got allotted an adjoining plot of land for the construction of its buildings. Had the Authority conceded to the request so made by AMS it would have been an unfair and arbitrary decision and the courts may have interfered with the same in exercise of judicial review power. The tender process actually stood terminated with the letter of MDA dated 27.11.2001 allotting the 37,000 sq m of land alone. The rights of AMS, if any came to an end when it informed MDA that it was not claiming any right over the land admeasuring 20,000 sq m and made a further request to delete its offer in respect of the said land. The subsequent letters sent by AMS at its own choice are of no consequence.  The correspondence on record makes it clear that there was no confusion whatsoever with regard to reserved price fixed. Once it is clear that there was no vagueness, uncertainty or any confusion with regard to the reserved price there is no scope for any interference in the matter by the Court. The terms and conditions of the tender were expressly clear by which the Authority as well as the bidders were bound and such conditions are not open to judicial scrutiny unless the action of the tendering authority is found to be malicious and misuse of its statutory powers. The bids offered by AMS received their due attention in a fair and transparent manner free from any bias at the hands of MDA. No rights of AMS have been infringed by MDA in not giving opportunity to involve itself in lengthy negotiations. The Authority was free to make it choice and t invite fresh bids after AMS relinquished it claim in respect of the disputed plot vide letter dated 17.9.2001 which was accepted by MDA. The decision of the Authority was duly communicated to AMS by MDA fide its letter dated 27.11.2001. The decision so taken by MDA resulted in no infringement of rights of AMS. Hence, MDA shall be at liberty to call for fresh tenders in accordance with law but duly notifying the land use for both educational and residential and invite bids accordingly. It shall permit AMS and other educational institutions intending to participate in the auction. In view of the undertaking given by MDA it shall not raise any objection for the use of the land for educational purposes in case any educational institution is found to be the successful bidder. The bids shall obviously be invited from the intending bidders duly notifying the residential and educational use.  

Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Nature of Disposal of public property by State Methods for disposal of  Rights of bidder -  Held, Bidders participating in the tender process have no other right except the right to equality and fair treatment. Terms of invitation to tender are not open to judicial scrutiny as they lie in realm of contract. Disposal of public property by State or its instrumentalities partakes the character f a trust. Methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. Meerut Development Authority v Association of Management Studies & anr. 

Government Contracts/Tenders :[L.S. Panta & B. Sudershan Reddy, JJ] Tender conditions/NIT Binding effect of Non-adherence by bidder  Held, Authority is not obliged to entertain tender in such a case. Allotment of land in residential scheme for educational use - Reserved rate fixed at 50% of sector rate under G.O. dated 19.4.1996-Respondents commercial offer for one of two plots being less than reserved rate -Rejected by appellant Authority  Legality - Respondent informing appellant Authority to delete the said plot from their offer - Appellant confirming allotment of other plot of land to respondent Subsequently, respondent requesting Authority to allot the deleted plot at the reserved price - Appellant re-auctioning land with change in land use conditions   High Court allowing writ petition of respondent there against holding there was a concluded contract between the parties - Sustainability of Held, Tender process stood terminated on Authority allotting the one plot alone  Rights of respondent, if any, ended when it informed the Authority to delete it offer vis--vis the deleted plot. There was not vagueness, uncertainty or confusion with regard to reserved price -No scope for any interference-Authority as well as the bidders were bound by such conditions Reiterated, tender conditions are not open to judicial scrutiny unless action of tendering authority is found to be malicious and a misuse of statutory powers In present case, bids offered by respondent received due attention in a fair and transparent manner free from any bias by appellant Authority-Refusal to accept tender of from any bias by appellant Authority Refusal to accept tender of respondent on ground that the offer made was lower than the reserved price is legal and valid-No rights of respondent infringed by appellant Authority  Costs imposed on respondent.

Government Grants & Largesse: [L.S. Panta & B. Sudershan Reddy, JJ] Getting full value in sale of State-owned natural assets  Held, The struggle to get for the State the full value of its resources is particularly pronounced in the sale of State-owned natural assets to the private sector. Whenever the Government or the authorities get less than the full value of the asset, the country is being cheated; there is a simple transfer of wealth from the citizens as a whole to whoever gets the assets at a discount. Most of the times the wealth of a State goes to the individuals within the country rather than to multi-national corporations; still, wealth slips away that ought to belong to the nation as a whole.  -  The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. In fact project-wise research helps to generate better efficiency than advertised research organisation.',
		'caseanalysis' => null,
		'casesref' => '',
		'citingcases' => '',
		'counselplain' => ' S.K. Bhattacharya and; R. Venkataramani, Advs',
		'counseldef' => ' Altaf Ahmed, Addl. Solicitor General, ; S.K. Mehta, ; A. Mariarp',
		'court' => 'Supreme Court of India',
		'court_type' => 'SC',
		'decidedon' => '1991-08-14',
		'deposition' => '',
		'favorof' => null,
		'findings' => null,
		'judge' => ' Ranganath Misra, C.J.,; M.H. Kania and; Kuldip Singh, JJ.',
		'judgement' => 'ORDER<p>Ranganath Misra, C.J.</p><p>1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.</p><p>2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; </p><p>The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same</p><p>Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.</p><p>3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.</p><p>4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.</p><p>5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.</p><p>6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.</p><p>7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.<p></p><p>',
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		'pubs' => '[1991(63)FLR549]; JT1991(3)SC525; 1991(2)SCALE325; (1991)4SCC171; [1991]3SCR595a; 1991(2)LC519(SC)',
		'ratiodecidendi' => '',
		'respondent' => 'Union of India (Uoi) and ors.',
		'sub' => 'Service',
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		'circuit' => null
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orderranganath misra, c.j.1. the main application is under article 32 of the constitution while the contempt petition and the interlocutory applications in the connected writ petition are for orders and directions. the common aspects in all the three proceedings are that the petitioners before this, court are research scholars connected with projects entrusted to different institutions. they are before the court for security of employment and improvement of conditions of service.2. in writ petition 999 of 1988, along with writ petition no. 1043 of 1989 we gave our judgment on march 22, 1990. we then indicated; the institute set up by statute is intended to carry on research in a continuous way to improve the level of medical knowledge. under the act the institute is an autonomous body.....

Judgment:

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	'title_for_layout' => 'Dr V P Chaturvedi and ors Vs Union of India Uoi and ors - Citation 662665 - Court Judgment | ',
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		'Judgement' => array(
			'id' => '662665',
			'acts' => '',
			'appealno' => 'Writ Petition No. 917 of 1990 with I.A. Nos. 1-3 of 1990 in Writ Petition (Civil) No. 9 of 1988 and ',
			'appellant' => 'Dr V.P. Chaturvedi and ors.',
			'authreffered' => '',
			'casename' => 'Dr V.P. Chaturvedi and ors. Vs. Union of India (Uoi) and ors.',
			'casenote' => 'Service - research work - Service Law - quality of work in research institutes specialised in their fields bound to be better than research carried on by manufacturers themselves - scheme could be evolved by which established drug manufacturers could be required to participate in such supporting programmes by supporting particular research projects - continuing research keeps up level of knowledge and helps enhancement of efficiency of treatment of diseases and in matter of providing relief to patients - research must be done as project wise to improve efficiency.<br><br> - Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Power of State /its instrumentalities to not accept highest bid (or lowest bid, as the case may be) When available -  Held,  A tender is an offer. It is something which invites and is communicated to notify acceptance. It must be unconditional, must be in the proper form, the person by whom tender is made must be able to and willing to perform his obligations. The terms of the invitation to tender cannot be open to judicial scrutiny because the invitation to tender is in the realm of contract. However, a limited judicial review may be available in cases where it is established that the terms of the invitation to tender were so tailor-made to suit the convenience f any particular person with a view to eliminate all others from participating in the bidding process. The bidders participating in the tender process have no other right except the right to equality and fair treatment in the matter of evaluation of competitive bids offered by interested persons in response to notice inviting tenders in a transparent manner and free from hidden agenda. One cannot challenge the terms and conditions of the tender except on the above stated ground, the reason being the terms of the invitation to tender are in the realm of the contract. No bidder is entitled as a matter of right to insist the authority inviting tenders to enter into further negotiations unless the terms and conditions of notice so provided for such negotiations. It is so well settled in law and needs no restatement, that disposal of the public property by the State or its instrumentalities partakes the character of a trust. The methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. The Authority has the right not to accept the highest bid and even to prefer a tender other than the highest bidder, if there exist good and sufficient reasons, such as, the highest bid not representing the market price but there cannot be any doubt that the Authoritys action in accepting or refusing the bid must be free from arbitrariness  favouritism. In the present case, the tender notice makes it abundantly clear that the two plots of land admeasuring 37,000 and 20,000 sq m meant for establishing engineering colleges were advertised as a single item, though the specified reserved price was different. The respondent AMS itself mentioned different and separate bids in its tender and made a bid for the 20,000 sq m plot which was less than the reserved price. The appellant Authority (MDA) was not under any legal or constitutional obligation to entertain the bid which was much below the reserved the price. MDA though not under any obligation, provided a further opportunity to AMS and expressed its willingness to part with the 20,000 sq m plot provided AMS agreed to pay the reserved rate. AMS did not avail this opportunity. Even at this stage AMS did not say that it was under some confusion as regrds the specified reserved price. No objections were raised whatsoever in this regard. Instead it made a request that the two plots be segregated and the 37,000 sq m be allotted to it while the other plot 20,000 sq m may be deleted from ..offer as the cost of that  land is not viable. AMS expressed its desire to purchase the said land at its lower, bid price only.  AMS proceeded on the assumption as if it had some unassailable right in respect of the said plot of land merely because it had earlier got allotted an adjoining plot of land for the construction of its buildings. Had the Authority conceded to the request so made by AMS it would have been an unfair and arbitrary decision and the courts may have interfered with the same in exercise of judicial review power. The tender process actually stood terminated with the letter of MDA dated 27.11.2001 allotting the 37,000 sq m of land alone. The rights of AMS, if any came to an end when it informed MDA that it was not claiming any right over the land admeasuring 20,000 sq m and made a further request to delete its offer in respect of the said land. The subsequent letters sent by AMS at its own choice are of no consequence.  The correspondence on record makes it clear that there was no confusion whatsoever with regard to reserved price fixed. Once it is clear that there was no vagueness, uncertainty or any confusion with regard to the reserved price there is no scope for any interference in the matter by the Court. The terms and conditions of the tender were expressly clear by which the Authority as well as the bidders were bound and such conditions are not open to judicial scrutiny unless the action of the tendering authority is found to be malicious and misuse of its statutory powers. The bids offered by AMS received their due attention in a fair and transparent manner free from any bias at the hands of MDA. No rights of AMS have been infringed by MDA in not giving opportunity to involve itself in lengthy negotiations. The Authority was free to make it choice and t invite fresh bids after AMS relinquished it claim in respect of the disputed plot vide letter dated 17.9.2001 which was accepted by MDA. The decision of the Authority was duly communicated to AMS by MDA fide its letter dated 27.11.2001. The decision so taken by MDA resulted in no infringement of rights of AMS. Hence, MDA shall be at liberty to call for fresh tenders in accordance with law but duly notifying the land use for both educational and residential and invite bids accordingly. It shall permit AMS and other educational institutions intending to participate in the auction. In view of the undertaking given by MDA it shall not raise any objection for the use of the land for educational purposes in case any educational institution is found to be the successful bidder. The bids shall obviously be invited from the intending bidders duly notifying the residential and educational use.  

Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Nature of Disposal of public property by State Methods for disposal of  Rights of bidder -  Held, Bidders participating in the tender process have no other right except the right to equality and fair treatment. Terms of invitation to tender are not open to judicial scrutiny as they lie in realm of contract. Disposal of public property by State or its instrumentalities partakes the character f a trust. Methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. Meerut Development Authority v Association of Management Studies & anr. 

Government Contracts/Tenders :[L.S. Panta & B. Sudershan Reddy, JJ] Tender conditions/NIT Binding effect of Non-adherence by bidder  Held, Authority is not obliged to entertain tender in such a case. Allotment of land in residential scheme for educational use - Reserved rate fixed at 50% of sector rate under G.O. dated 19.4.1996-Respondents commercial offer for one of two plots being less than reserved rate -Rejected by appellant Authority  Legality - Respondent informing appellant Authority to delete the said plot from their offer - Appellant confirming allotment of other plot of land to respondent Subsequently, respondent requesting Authority to allot the deleted plot at the reserved price - Appellant re-auctioning land with change in land use conditions   High Court allowing writ petition of respondent there against holding there was a concluded contract between the parties - Sustainability of Held, Tender process stood terminated on Authority allotting the one plot alone  Rights of respondent, if any, ended when it informed the Authority to delete it offer vis--vis the deleted plot. There was not vagueness, uncertainty or confusion with regard to reserved price -No scope for any interference-Authority as well as the bidders were bound by such conditions Reiterated, tender conditions are not open to judicial scrutiny unless action of tendering authority is found to be malicious and a misuse of statutory powers In present case, bids offered by respondent received due attention in a fair and transparent manner free from any bias by appellant Authority-Refusal to accept tender of from any bias by appellant Authority Refusal to accept tender of respondent on ground that the offer made was lower than the reserved price is legal and valid-No rights of respondent infringed by appellant Authority  Costs imposed on respondent.

Government Grants & Largesse: [L.S. Panta & B. Sudershan Reddy, JJ] Getting full value in sale of State-owned natural assets  Held, The struggle to get for the State the full value of its resources is particularly pronounced in the sale of State-owned natural assets to the private sector. Whenever the Government or the authorities get less than the full value of the asset, the country is being cheated; there is a simple transfer of wealth from the citizens as a whole to whoever gets the assets at a discount. Most of the times the wealth of a State goes to the individuals within the country rather than to multi-national corporations; still, wealth slips away that ought to belong to the nation as a whole.  -  The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. In fact project-wise research helps to generate better efficiency than advertised research organisation.',
			'caseanalysis' => null,
			'casesref' => '',
			'citingcases' => '',
			'counselplain' => ' S.K. Bhattacharya and; R. Venkataramani, Advs',
			'counseldef' => ' Altaf Ahmed, Addl. Solicitor General, ; S.K. Mehta, ; A. Mariarp',
			'court' => 'Supreme Court of India',
			'court_type' => 'SC',
			'decidedon' => '1991-08-14',
			'deposition' => '',
			'favorof' => null,
			'findings' => null,
			'judge' => ' Ranganath Misra, C.J.,; M.H. Kania and; Kuldip Singh, JJ.',
			'judgement' => 'ORDER<p style="text-align: justify;">Ranganath Misra, C.J.</p><p style="text-align: justify;">1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.</p><p style="text-align: justify;">2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; </p><p style="text-align: justify;">The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same</p><p style="text-align: justify;">Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.</p><p style="text-align: justify;">3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.</p><p style="text-align: justify;">4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.</p><p style="text-align: justify;">5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.</p><p style="text-align: justify;">6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.</p><p style="text-align: justify;">7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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			'ratiodecidendi' => '',
			'respondent' => 'Union of India (Uoi) and ors.',
			'sub' => 'Service',
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			'circuit' => null
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		'id' => '662665',
		'acts' => '',
		'appealno' => 'Writ Petition No. 917 of 1990 with I.A. Nos. 1-3 of 1990 in Writ Petition (Civil) No. 9 of 1988 and ',
		'appellant' => 'Dr V.P. Chaturvedi and ors.',
		'authreffered' => '',
		'casename' => 'Dr V.P. Chaturvedi and ors. Vs. Union of India (Uoi) and ors.',
		'casenote' => 'Service - research work - Service Law - quality of work in research institutes specialised in their fields bound to be better than research carried on by manufacturers themselves - scheme could be evolved by which established drug manufacturers could be required to participate in such supporting programmes by supporting particular research projects - continuing research keeps up level of knowledge and helps enhancement of efficiency of treatment of diseases and in matter of providing relief to patients - research must be done as project wise to improve efficiency.<br><br> - Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Power of State /its instrumentalities to not accept highest bid (or lowest bid, as the case may be) When available -  Held,  A tender is an offer. It is something which invites and is communicated to notify acceptance. It must be unconditional, must be in the proper form, the person by whom tender is made must be able to and willing to perform his obligations. The terms of the invitation to tender cannot be open to judicial scrutiny because the invitation to tender is in the realm of contract. However, a limited judicial review may be available in cases where it is established that the terms of the invitation to tender were so tailor-made to suit the convenience f any particular person with a view to eliminate all others from participating in the bidding process. The bidders participating in the tender process have no other right except the right to equality and fair treatment in the matter of evaluation of competitive bids offered by interested persons in response to notice inviting tenders in a transparent manner and free from hidden agenda. One cannot challenge the terms and conditions of the tender except on the above stated ground, the reason being the terms of the invitation to tender are in the realm of the contract. No bidder is entitled as a matter of right to insist the authority inviting tenders to enter into further negotiations unless the terms and conditions of notice so provided for such negotiations. It is so well settled in law and needs no restatement, that disposal of the public property by the State or its instrumentalities partakes the character of a trust. The methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. The Authority has the right not to accept the highest bid and even to prefer a tender other than the highest bidder, if there exist good and sufficient reasons, such as, the highest bid not representing the market price but there cannot be any doubt that the Authoritys action in accepting or refusing the bid must be free from arbitrariness  favouritism. In the present case, the tender notice makes it abundantly clear that the two plots of land admeasuring 37,000 and 20,000 sq m meant for establishing engineering colleges were advertised as a single item, though the specified reserved price was different. The respondent AMS itself mentioned different and separate bids in its tender and made a bid for the 20,000 sq m plot which was less than the reserved price. The appellant Authority (MDA) was not under any legal or constitutional obligation to entertain the bid which was much below the reserved the price. MDA though not under any obligation, provided a further opportunity to AMS and expressed its willingness to part with the 20,000 sq m plot provided AMS agreed to pay the reserved rate. AMS did not avail this opportunity. Even at this stage AMS did not say that it was under some confusion as regrds the specified reserved price. No objections were raised whatsoever in this regard. Instead it made a request that the two plots be segregated and the 37,000 sq m be allotted to it while the other plot 20,000 sq m may be deleted from ..offer as the cost of that  land is not viable. AMS expressed its desire to purchase the said land at its lower, bid price only.  AMS proceeded on the assumption as if it had some unassailable right in respect of the said plot of land merely because it had earlier got allotted an adjoining plot of land for the construction of its buildings. Had the Authority conceded to the request so made by AMS it would have been an unfair and arbitrary decision and the courts may have interfered with the same in exercise of judicial review power. The tender process actually stood terminated with the letter of MDA dated 27.11.2001 allotting the 37,000 sq m of land alone. The rights of AMS, if any came to an end when it informed MDA that it was not claiming any right over the land admeasuring 20,000 sq m and made a further request to delete its offer in respect of the said land. The subsequent letters sent by AMS at its own choice are of no consequence.  The correspondence on record makes it clear that there was no confusion whatsoever with regard to reserved price fixed. Once it is clear that there was no vagueness, uncertainty or any confusion with regard to the reserved price there is no scope for any interference in the matter by the Court. The terms and conditions of the tender were expressly clear by which the Authority as well as the bidders were bound and such conditions are not open to judicial scrutiny unless the action of the tendering authority is found to be malicious and misuse of its statutory powers. The bids offered by AMS received their due attention in a fair and transparent manner free from any bias at the hands of MDA. No rights of AMS have been infringed by MDA in not giving opportunity to involve itself in lengthy negotiations. The Authority was free to make it choice and t invite fresh bids after AMS relinquished it claim in respect of the disputed plot vide letter dated 17.9.2001 which was accepted by MDA. The decision of the Authority was duly communicated to AMS by MDA fide its letter dated 27.11.2001. The decision so taken by MDA resulted in no infringement of rights of AMS. Hence, MDA shall be at liberty to call for fresh tenders in accordance with law but duly notifying the land use for both educational and residential and invite bids accordingly. It shall permit AMS and other educational institutions intending to participate in the auction. In view of the undertaking given by MDA it shall not raise any objection for the use of the land for educational purposes in case any educational institution is found to be the successful bidder. The bids shall obviously be invited from the intending bidders duly notifying the residential and educational use.  

Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Nature of Disposal of public property by State Methods for disposal of  Rights of bidder -  Held, Bidders participating in the tender process have no other right except the right to equality and fair treatment. Terms of invitation to tender are not open to judicial scrutiny as they lie in realm of contract. Disposal of public property by State or its instrumentalities partakes the character f a trust. Methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. Meerut Development Authority v Association of Management Studies & anr. 

Government Contracts/Tenders :[L.S. Panta & B. Sudershan Reddy, JJ] Tender conditions/NIT Binding effect of Non-adherence by bidder  Held, Authority is not obliged to entertain tender in such a case. Allotment of land in residential scheme for educational use - Reserved rate fixed at 50% of sector rate under G.O. dated 19.4.1996-Respondents commercial offer for one of two plots being less than reserved rate -Rejected by appellant Authority  Legality - Respondent informing appellant Authority to delete the said plot from their offer - Appellant confirming allotment of other plot of land to respondent Subsequently, respondent requesting Authority to allot the deleted plot at the reserved price - Appellant re-auctioning land with change in land use conditions   High Court allowing writ petition of respondent there against holding there was a concluded contract between the parties - Sustainability of Held, Tender process stood terminated on Authority allotting the one plot alone  Rights of respondent, if any, ended when it informed the Authority to delete it offer vis--vis the deleted plot. There was not vagueness, uncertainty or confusion with regard to reserved price -No scope for any interference-Authority as well as the bidders were bound by such conditions Reiterated, tender conditions are not open to judicial scrutiny unless action of tendering authority is found to be malicious and a misuse of statutory powers In present case, bids offered by respondent received due attention in a fair and transparent manner free from any bias by appellant Authority-Refusal to accept tender of from any bias by appellant Authority Refusal to accept tender of respondent on ground that the offer made was lower than the reserved price is legal and valid-No rights of respondent infringed by appellant Authority  Costs imposed on respondent.

Government Grants & Largesse: [L.S. Panta & B. Sudershan Reddy, JJ] Getting full value in sale of State-owned natural assets  Held, The struggle to get for the State the full value of its resources is particularly pronounced in the sale of State-owned natural assets to the private sector. Whenever the Government or the authorities get less than the full value of the asset, the country is being cheated; there is a simple transfer of wealth from the citizens as a whole to whoever gets the assets at a discount. Most of the times the wealth of a State goes to the individuals within the country rather than to multi-national corporations; still, wealth slips away that ought to belong to the nation as a whole.  -  The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. In fact project-wise research helps to generate better efficiency than advertised research organisation.',
		'caseanalysis' => null,
		'casesref' => '',
		'citingcases' => '',
		'counselplain' => ' S.K. Bhattacharya and; R. Venkataramani, Advs',
		'counseldef' => ' Altaf Ahmed, Addl. Solicitor General, ; S.K. Mehta, ; A. Mariarp',
		'court' => 'Supreme Court of India',
		'court_type' => 'SC',
		'decidedon' => '1991-08-14',
		'deposition' => '',
		'favorof' => null,
		'findings' => null,
		'judge' => ' Ranganath Misra, C.J.,; M.H. Kania and; Kuldip Singh, JJ.',
		'judgement' => 'ORDER<p>Ranganath Misra, C.J.</p><p>1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.</p><p>2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; </p><p>The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same</p><p>Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.</p><p>3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.</p><p>4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.</p><p>5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.</p><p>6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.</p><p>7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.<p></p><p>',
		'observations' => null,
		'overruledby' => null,
		'prhistory' => '',
		'pubs' => '[1991(63)FLR549]; JT1991(3)SC525; 1991(2)SCALE325; (1991)4SCC171; [1991]3SCR595a; 1991(2)LC519(SC)',
		'ratiodecidendi' => '',
		'respondent' => 'Union of India (Uoi) and ors.',
		'sub' => 'Service',
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	(int) 0 => 'ORDER<p>Ranganath Misra, C.J.',
	(int) 1 => '<p>1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.',
	(int) 2 => '<p>2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; ',
	(int) 3 => '<p>The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same',
	(int) 4 => '<p>Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.',
	(int) 5 => '<p>3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.',
	(int) 6 => '<p>4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.',
	(int) 7 => '<p>5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.',
	(int) 8 => '<p>6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.',
	(int) 9 => '<p>7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.<p>',
	(int) 10 => '<p>'
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ORDER

Ranganath Misra, C.J.

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	'title_for_layout' => 'Dr V P Chaturvedi and ors Vs Union of India Uoi and ors - Citation 662665 - Court Judgment | ',
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		'Judgement' => array(
			'id' => '662665',
			'acts' => '',
			'appealno' => 'Writ Petition No. 917 of 1990 with I.A. Nos. 1-3 of 1990 in Writ Petition (Civil) No. 9 of 1988 and ',
			'appellant' => 'Dr V.P. Chaturvedi and ors.',
			'authreffered' => '',
			'casename' => 'Dr V.P. Chaturvedi and ors. Vs. Union of India (Uoi) and ors.',
			'casenote' => 'Service - research work - Service Law - quality of work in research institutes specialised in their fields bound to be better than research carried on by manufacturers themselves - scheme could be evolved by which established drug manufacturers could be required to participate in such supporting programmes by supporting particular research projects - continuing research keeps up level of knowledge and helps enhancement of efficiency of treatment of diseases and in matter of providing relief to patients - research must be done as project wise to improve efficiency.<br><br> - Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Power of State /its instrumentalities to not accept highest bid (or lowest bid, as the case may be) When available -  Held,  A tender is an offer. It is something which invites and is communicated to notify acceptance. It must be unconditional, must be in the proper form, the person by whom tender is made must be able to and willing to perform his obligations. The terms of the invitation to tender cannot be open to judicial scrutiny because the invitation to tender is in the realm of contract. However, a limited judicial review may be available in cases where it is established that the terms of the invitation to tender were so tailor-made to suit the convenience f any particular person with a view to eliminate all others from participating in the bidding process. The bidders participating in the tender process have no other right except the right to equality and fair treatment in the matter of evaluation of competitive bids offered by interested persons in response to notice inviting tenders in a transparent manner and free from hidden agenda. One cannot challenge the terms and conditions of the tender except on the above stated ground, the reason being the terms of the invitation to tender are in the realm of the contract. No bidder is entitled as a matter of right to insist the authority inviting tenders to enter into further negotiations unless the terms and conditions of notice so provided for such negotiations. It is so well settled in law and needs no restatement, that disposal of the public property by the State or its instrumentalities partakes the character of a trust. The methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. The Authority has the right not to accept the highest bid and even to prefer a tender other than the highest bidder, if there exist good and sufficient reasons, such as, the highest bid not representing the market price but there cannot be any doubt that the Authoritys action in accepting or refusing the bid must be free from arbitrariness  favouritism. In the present case, the tender notice makes it abundantly clear that the two plots of land admeasuring 37,000 and 20,000 sq m meant for establishing engineering colleges were advertised as a single item, though the specified reserved price was different. The respondent AMS itself mentioned different and separate bids in its tender and made a bid for the 20,000 sq m plot which was less than the reserved price. The appellant Authority (MDA) was not under any legal or constitutional obligation to entertain the bid which was much below the reserved the price. MDA though not under any obligation, provided a further opportunity to AMS and expressed its willingness to part with the 20,000 sq m plot provided AMS agreed to pay the reserved rate. AMS did not avail this opportunity. Even at this stage AMS did not say that it was under some confusion as regrds the specified reserved price. No objections were raised whatsoever in this regard. Instead it made a request that the two plots be segregated and the 37,000 sq m be allotted to it while the other plot 20,000 sq m may be deleted from ..offer as the cost of that  land is not viable. AMS expressed its desire to purchase the said land at its lower, bid price only.  AMS proceeded on the assumption as if it had some unassailable right in respect of the said plot of land merely because it had earlier got allotted an adjoining plot of land for the construction of its buildings. Had the Authority conceded to the request so made by AMS it would have been an unfair and arbitrary decision and the courts may have interfered with the same in exercise of judicial review power. The tender process actually stood terminated with the letter of MDA dated 27.11.2001 allotting the 37,000 sq m of land alone. The rights of AMS, if any came to an end when it informed MDA that it was not claiming any right over the land admeasuring 20,000 sq m and made a further request to delete its offer in respect of the said land. The subsequent letters sent by AMS at its own choice are of no consequence.  The correspondence on record makes it clear that there was no confusion whatsoever with regard to reserved price fixed. Once it is clear that there was no vagueness, uncertainty or any confusion with regard to the reserved price there is no scope for any interference in the matter by the Court. The terms and conditions of the tender were expressly clear by which the Authority as well as the bidders were bound and such conditions are not open to judicial scrutiny unless the action of the tendering authority is found to be malicious and misuse of its statutory powers. The bids offered by AMS received their due attention in a fair and transparent manner free from any bias at the hands of MDA. No rights of AMS have been infringed by MDA in not giving opportunity to involve itself in lengthy negotiations. The Authority was free to make it choice and t invite fresh bids after AMS relinquished it claim in respect of the disputed plot vide letter dated 17.9.2001 which was accepted by MDA. The decision of the Authority was duly communicated to AMS by MDA fide its letter dated 27.11.2001. The decision so taken by MDA resulted in no infringement of rights of AMS. Hence, MDA shall be at liberty to call for fresh tenders in accordance with law but duly notifying the land use for both educational and residential and invite bids accordingly. It shall permit AMS and other educational institutions intending to participate in the auction. In view of the undertaking given by MDA it shall not raise any objection for the use of the land for educational purposes in case any educational institution is found to be the successful bidder. The bids shall obviously be invited from the intending bidders duly notifying the residential and educational use.  

Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Nature of Disposal of public property by State Methods for disposal of  Rights of bidder -  Held, Bidders participating in the tender process have no other right except the right to equality and fair treatment. Terms of invitation to tender are not open to judicial scrutiny as they lie in realm of contract. Disposal of public property by State or its instrumentalities partakes the character f a trust. Methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. Meerut Development Authority v Association of Management Studies & anr. 

Government Contracts/Tenders :[L.S. Panta & B. Sudershan Reddy, JJ] Tender conditions/NIT Binding effect of Non-adherence by bidder  Held, Authority is not obliged to entertain tender in such a case. Allotment of land in residential scheme for educational use - Reserved rate fixed at 50% of sector rate under G.O. dated 19.4.1996-Respondents commercial offer for one of two plots being less than reserved rate -Rejected by appellant Authority  Legality - Respondent informing appellant Authority to delete the said plot from their offer - Appellant confirming allotment of other plot of land to respondent Subsequently, respondent requesting Authority to allot the deleted plot at the reserved price - Appellant re-auctioning land with change in land use conditions   High Court allowing writ petition of respondent there against holding there was a concluded contract between the parties - Sustainability of Held, Tender process stood terminated on Authority allotting the one plot alone  Rights of respondent, if any, ended when it informed the Authority to delete it offer vis--vis the deleted plot. There was not vagueness, uncertainty or confusion with regard to reserved price -No scope for any interference-Authority as well as the bidders were bound by such conditions Reiterated, tender conditions are not open to judicial scrutiny unless action of tendering authority is found to be malicious and a misuse of statutory powers In present case, bids offered by respondent received due attention in a fair and transparent manner free from any bias by appellant Authority-Refusal to accept tender of from any bias by appellant Authority Refusal to accept tender of respondent on ground that the offer made was lower than the reserved price is legal and valid-No rights of respondent infringed by appellant Authority  Costs imposed on respondent.

Government Grants & Largesse: [L.S. Panta & B. Sudershan Reddy, JJ] Getting full value in sale of State-owned natural assets  Held, The struggle to get for the State the full value of its resources is particularly pronounced in the sale of State-owned natural assets to the private sector. Whenever the Government or the authorities get less than the full value of the asset, the country is being cheated; there is a simple transfer of wealth from the citizens as a whole to whoever gets the assets at a discount. Most of the times the wealth of a State goes to the individuals within the country rather than to multi-national corporations; still, wealth slips away that ought to belong to the nation as a whole.  -  The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. In fact project-wise research helps to generate better efficiency than advertised research organisation.',
			'caseanalysis' => null,
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			'counselplain' => ' S.K. Bhattacharya and; R. Venkataramani, Advs',
			'counseldef' => ' Altaf Ahmed, Addl. Solicitor General, ; S.K. Mehta, ; A. Mariarp',
			'court' => 'Supreme Court of India',
			'court_type' => 'SC',
			'decidedon' => '1991-08-14',
			'deposition' => '',
			'favorof' => null,
			'findings' => null,
			'judge' => ' Ranganath Misra, C.J.,; M.H. Kania and; Kuldip Singh, JJ.',
			'judgement' => 'ORDER<p style="text-align: justify;">Ranganath Misra, C.J.</p><p style="text-align: justify;">1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.</p><p style="text-align: justify;">2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; </p><p style="text-align: justify;">The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same</p><p style="text-align: justify;">Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.</p><p style="text-align: justify;">3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.</p><p style="text-align: justify;">4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.</p><p style="text-align: justify;">5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.</p><p style="text-align: justify;">6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.</p><p style="text-align: justify;">7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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			'pubs' => '[1991(63)FLR549]; JT1991(3)SC525; 1991(2)SCALE325; (1991)4SCC171; [1991]3SCR595a; 1991(2)LC519(SC)',
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			'respondent' => 'Union of India (Uoi) and ors.',
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$title_for_layout = 'Dr V P Chaturvedi and ors Vs Union of India Uoi and ors - Citation 662665 - Court Judgment | '
$desc = array(
	'Judgement' => array(
		'id' => '662665',
		'acts' => '',
		'appealno' => 'Writ Petition No. 917 of 1990 with I.A. Nos. 1-3 of 1990 in Writ Petition (Civil) No. 9 of 1988 and ',
		'appellant' => 'Dr V.P. Chaturvedi and ors.',
		'authreffered' => '',
		'casename' => 'Dr V.P. Chaturvedi and ors. Vs. Union of India (Uoi) and ors.',
		'casenote' => 'Service - research work - Service Law - quality of work in research institutes specialised in their fields bound to be better than research carried on by manufacturers themselves - scheme could be evolved by which established drug manufacturers could be required to participate in such supporting programmes by supporting particular research projects - continuing research keeps up level of knowledge and helps enhancement of efficiency of treatment of diseases and in matter of providing relief to patients - research must be done as project wise to improve efficiency.<br><br> - Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Power of State /its instrumentalities to not accept highest bid (or lowest bid, as the case may be) When available -  Held,  A tender is an offer. It is something which invites and is communicated to notify acceptance. It must be unconditional, must be in the proper form, the person by whom tender is made must be able to and willing to perform his obligations. The terms of the invitation to tender cannot be open to judicial scrutiny because the invitation to tender is in the realm of contract. However, a limited judicial review may be available in cases where it is established that the terms of the invitation to tender were so tailor-made to suit the convenience f any particular person with a view to eliminate all others from participating in the bidding process. The bidders participating in the tender process have no other right except the right to equality and fair treatment in the matter of evaluation of competitive bids offered by interested persons in response to notice inviting tenders in a transparent manner and free from hidden agenda. One cannot challenge the terms and conditions of the tender except on the above stated ground, the reason being the terms of the invitation to tender are in the realm of the contract. No bidder is entitled as a matter of right to insist the authority inviting tenders to enter into further negotiations unless the terms and conditions of notice so provided for such negotiations. It is so well settled in law and needs no restatement, that disposal of the public property by the State or its instrumentalities partakes the character of a trust. The methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. The Authority has the right not to accept the highest bid and even to prefer a tender other than the highest bidder, if there exist good and sufficient reasons, such as, the highest bid not representing the market price but there cannot be any doubt that the Authoritys action in accepting or refusing the bid must be free from arbitrariness  favouritism. In the present case, the tender notice makes it abundantly clear that the two plots of land admeasuring 37,000 and 20,000 sq m meant for establishing engineering colleges were advertised as a single item, though the specified reserved price was different. The respondent AMS itself mentioned different and separate bids in its tender and made a bid for the 20,000 sq m plot which was less than the reserved price. The appellant Authority (MDA) was not under any legal or constitutional obligation to entertain the bid which was much below the reserved the price. MDA though not under any obligation, provided a further opportunity to AMS and expressed its willingness to part with the 20,000 sq m plot provided AMS agreed to pay the reserved rate. AMS did not avail this opportunity. Even at this stage AMS did not say that it was under some confusion as regrds the specified reserved price. No objections were raised whatsoever in this regard. Instead it made a request that the two plots be segregated and the 37,000 sq m be allotted to it while the other plot 20,000 sq m may be deleted from ..offer as the cost of that  land is not viable. AMS expressed its desire to purchase the said land at its lower, bid price only.  AMS proceeded on the assumption as if it had some unassailable right in respect of the said plot of land merely because it had earlier got allotted an adjoining plot of land for the construction of its buildings. Had the Authority conceded to the request so made by AMS it would have been an unfair and arbitrary decision and the courts may have interfered with the same in exercise of judicial review power. The tender process actually stood terminated with the letter of MDA dated 27.11.2001 allotting the 37,000 sq m of land alone. The rights of AMS, if any came to an end when it informed MDA that it was not claiming any right over the land admeasuring 20,000 sq m and made a further request to delete its offer in respect of the said land. The subsequent letters sent by AMS at its own choice are of no consequence.  The correspondence on record makes it clear that there was no confusion whatsoever with regard to reserved price fixed. Once it is clear that there was no vagueness, uncertainty or any confusion with regard to the reserved price there is no scope for any interference in the matter by the Court. The terms and conditions of the tender were expressly clear by which the Authority as well as the bidders were bound and such conditions are not open to judicial scrutiny unless the action of the tendering authority is found to be malicious and misuse of its statutory powers. The bids offered by AMS received their due attention in a fair and transparent manner free from any bias at the hands of MDA. No rights of AMS have been infringed by MDA in not giving opportunity to involve itself in lengthy negotiations. The Authority was free to make it choice and t invite fresh bids after AMS relinquished it claim in respect of the disputed plot vide letter dated 17.9.2001 which was accepted by MDA. The decision of the Authority was duly communicated to AMS by MDA fide its letter dated 27.11.2001. The decision so taken by MDA resulted in no infringement of rights of AMS. Hence, MDA shall be at liberty to call for fresh tenders in accordance with law but duly notifying the land use for both educational and residential and invite bids accordingly. It shall permit AMS and other educational institutions intending to participate in the auction. In view of the undertaking given by MDA it shall not raise any objection for the use of the land for educational purposes in case any educational institution is found to be the successful bidder. The bids shall obviously be invited from the intending bidders duly notifying the residential and educational use.  

Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Nature of Disposal of public property by State Methods for disposal of  Rights of bidder -  Held, Bidders participating in the tender process have no other right except the right to equality and fair treatment. Terms of invitation to tender are not open to judicial scrutiny as they lie in realm of contract. Disposal of public property by State or its instrumentalities partakes the character f a trust. Methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. Meerut Development Authority v Association of Management Studies & anr. 

Government Contracts/Tenders :[L.S. Panta & B. Sudershan Reddy, JJ] Tender conditions/NIT Binding effect of Non-adherence by bidder  Held, Authority is not obliged to entertain tender in such a case. Allotment of land in residential scheme for educational use - Reserved rate fixed at 50% of sector rate under G.O. dated 19.4.1996-Respondents commercial offer for one of two plots being less than reserved rate -Rejected by appellant Authority  Legality - Respondent informing appellant Authority to delete the said plot from their offer - Appellant confirming allotment of other plot of land to respondent Subsequently, respondent requesting Authority to allot the deleted plot at the reserved price - Appellant re-auctioning land with change in land use conditions   High Court allowing writ petition of respondent there against holding there was a concluded contract between the parties - Sustainability of Held, Tender process stood terminated on Authority allotting the one plot alone  Rights of respondent, if any, ended when it informed the Authority to delete it offer vis--vis the deleted plot. There was not vagueness, uncertainty or confusion with regard to reserved price -No scope for any interference-Authority as well as the bidders were bound by such conditions Reiterated, tender conditions are not open to judicial scrutiny unless action of tendering authority is found to be malicious and a misuse of statutory powers In present case, bids offered by respondent received due attention in a fair and transparent manner free from any bias by appellant Authority-Refusal to accept tender of from any bias by appellant Authority Refusal to accept tender of respondent on ground that the offer made was lower than the reserved price is legal and valid-No rights of respondent infringed by appellant Authority  Costs imposed on respondent.

Government Grants & Largesse: [L.S. Panta & B. Sudershan Reddy, JJ] Getting full value in sale of State-owned natural assets  Held, The struggle to get for the State the full value of its resources is particularly pronounced in the sale of State-owned natural assets to the private sector. Whenever the Government or the authorities get less than the full value of the asset, the country is being cheated; there is a simple transfer of wealth from the citizens as a whole to whoever gets the assets at a discount. Most of the times the wealth of a State goes to the individuals within the country rather than to multi-national corporations; still, wealth slips away that ought to belong to the nation as a whole.  -  The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. In fact project-wise research helps to generate better efficiency than advertised research organisation.',
		'caseanalysis' => null,
		'casesref' => '',
		'citingcases' => '',
		'counselplain' => ' S.K. Bhattacharya and; R. Venkataramani, Advs',
		'counseldef' => ' Altaf Ahmed, Addl. Solicitor General, ; S.K. Mehta, ; A. Mariarp',
		'court' => 'Supreme Court of India',
		'court_type' => 'SC',
		'decidedon' => '1991-08-14',
		'deposition' => '',
		'favorof' => null,
		'findings' => null,
		'judge' => ' Ranganath Misra, C.J.,; M.H. Kania and; Kuldip Singh, JJ.',
		'judgement' => 'ORDER<p>Ranganath Misra, C.J.</p><p>1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.</p><p>2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; </p><p>The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same</p><p>Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.</p><p>3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.</p><p>4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.</p><p>5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.</p><p>6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.</p><p>7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.<p></p><p>',
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	(int) 0 => 'ORDER<p>Ranganath Misra, C.J.',
	(int) 1 => '<p>1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.',
	(int) 2 => '<p>2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; ',
	(int) 3 => '<p>The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same',
	(int) 4 => '<p>Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.',
	(int) 5 => '<p>3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.',
	(int) 6 => '<p>4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.',
	(int) 7 => '<p>5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.',
	(int) 8 => '<p>6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.',
	(int) 9 => '<p>7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.<p>',
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1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.

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	'title_for_layout' => 'Dr V P Chaturvedi and ors Vs Union of India Uoi and ors - Citation 662665 - Court Judgment | ',
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		'Judgement' => array(
			'id' => '662665',
			'acts' => '',
			'appealno' => 'Writ Petition No. 917 of 1990 with I.A. Nos. 1-3 of 1990 in Writ Petition (Civil) No. 9 of 1988 and ',
			'appellant' => 'Dr V.P. Chaturvedi and ors.',
			'authreffered' => '',
			'casename' => 'Dr V.P. Chaturvedi and ors. Vs. Union of India (Uoi) and ors.',
			'casenote' => 'Service - research work - Service Law - quality of work in research institutes specialised in their fields bound to be better than research carried on by manufacturers themselves - scheme could be evolved by which established drug manufacturers could be required to participate in such supporting programmes by supporting particular research projects - continuing research keeps up level of knowledge and helps enhancement of efficiency of treatment of diseases and in matter of providing relief to patients - research must be done as project wise to improve efficiency.<br><br> - Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Power of State /its instrumentalities to not accept highest bid (or lowest bid, as the case may be) When available -  Held,  A tender is an offer. It is something which invites and is communicated to notify acceptance. It must be unconditional, must be in the proper form, the person by whom tender is made must be able to and willing to perform his obligations. The terms of the invitation to tender cannot be open to judicial scrutiny because the invitation to tender is in the realm of contract. However, a limited judicial review may be available in cases where it is established that the terms of the invitation to tender were so tailor-made to suit the convenience f any particular person with a view to eliminate all others from participating in the bidding process. The bidders participating in the tender process have no other right except the right to equality and fair treatment in the matter of evaluation of competitive bids offered by interested persons in response to notice inviting tenders in a transparent manner and free from hidden agenda. One cannot challenge the terms and conditions of the tender except on the above stated ground, the reason being the terms of the invitation to tender are in the realm of the contract. No bidder is entitled as a matter of right to insist the authority inviting tenders to enter into further negotiations unless the terms and conditions of notice so provided for such negotiations. It is so well settled in law and needs no restatement, that disposal of the public property by the State or its instrumentalities partakes the character of a trust. The methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. The Authority has the right not to accept the highest bid and even to prefer a tender other than the highest bidder, if there exist good and sufficient reasons, such as, the highest bid not representing the market price but there cannot be any doubt that the Authoritys action in accepting or refusing the bid must be free from arbitrariness  favouritism. In the present case, the tender notice makes it abundantly clear that the two plots of land admeasuring 37,000 and 20,000 sq m meant for establishing engineering colleges were advertised as a single item, though the specified reserved price was different. The respondent AMS itself mentioned different and separate bids in its tender and made a bid for the 20,000 sq m plot which was less than the reserved price. The appellant Authority (MDA) was not under any legal or constitutional obligation to entertain the bid which was much below the reserved the price. MDA though not under any obligation, provided a further opportunity to AMS and expressed its willingness to part with the 20,000 sq m plot provided AMS agreed to pay the reserved rate. AMS did not avail this opportunity. Even at this stage AMS did not say that it was under some confusion as regrds the specified reserved price. No objections were raised whatsoever in this regard. Instead it made a request that the two plots be segregated and the 37,000 sq m be allotted to it while the other plot 20,000 sq m may be deleted from ..offer as the cost of that  land is not viable. AMS expressed its desire to purchase the said land at its lower, bid price only.  AMS proceeded on the assumption as if it had some unassailable right in respect of the said plot of land merely because it had earlier got allotted an adjoining plot of land for the construction of its buildings. Had the Authority conceded to the request so made by AMS it would have been an unfair and arbitrary decision and the courts may have interfered with the same in exercise of judicial review power. The tender process actually stood terminated with the letter of MDA dated 27.11.2001 allotting the 37,000 sq m of land alone. The rights of AMS, if any came to an end when it informed MDA that it was not claiming any right over the land admeasuring 20,000 sq m and made a further request to delete its offer in respect of the said land. The subsequent letters sent by AMS at its own choice are of no consequence.  The correspondence on record makes it clear that there was no confusion whatsoever with regard to reserved price fixed. Once it is clear that there was no vagueness, uncertainty or any confusion with regard to the reserved price there is no scope for any interference in the matter by the Court. The terms and conditions of the tender were expressly clear by which the Authority as well as the bidders were bound and such conditions are not open to judicial scrutiny unless the action of the tendering authority is found to be malicious and misuse of its statutory powers. The bids offered by AMS received their due attention in a fair and transparent manner free from any bias at the hands of MDA. No rights of AMS have been infringed by MDA in not giving opportunity to involve itself in lengthy negotiations. The Authority was free to make it choice and t invite fresh bids after AMS relinquished it claim in respect of the disputed plot vide letter dated 17.9.2001 which was accepted by MDA. The decision of the Authority was duly communicated to AMS by MDA fide its letter dated 27.11.2001. The decision so taken by MDA resulted in no infringement of rights of AMS. Hence, MDA shall be at liberty to call for fresh tenders in accordance with law but duly notifying the land use for both educational and residential and invite bids accordingly. It shall permit AMS and other educational institutions intending to participate in the auction. In view of the undertaking given by MDA it shall not raise any objection for the use of the land for educational purposes in case any educational institution is found to be the successful bidder. The bids shall obviously be invited from the intending bidders duly notifying the residential and educational use.  

Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Nature of Disposal of public property by State Methods for disposal of  Rights of bidder -  Held, Bidders participating in the tender process have no other right except the right to equality and fair treatment. Terms of invitation to tender are not open to judicial scrutiny as they lie in realm of contract. Disposal of public property by State or its instrumentalities partakes the character f a trust. Methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. Meerut Development Authority v Association of Management Studies & anr. 

Government Contracts/Tenders :[L.S. Panta & B. Sudershan Reddy, JJ] Tender conditions/NIT Binding effect of Non-adherence by bidder  Held, Authority is not obliged to entertain tender in such a case. Allotment of land in residential scheme for educational use - Reserved rate fixed at 50% of sector rate under G.O. dated 19.4.1996-Respondents commercial offer for one of two plots being less than reserved rate -Rejected by appellant Authority  Legality - Respondent informing appellant Authority to delete the said plot from their offer - Appellant confirming allotment of other plot of land to respondent Subsequently, respondent requesting Authority to allot the deleted plot at the reserved price - Appellant re-auctioning land with change in land use conditions   High Court allowing writ petition of respondent there against holding there was a concluded contract between the parties - Sustainability of Held, Tender process stood terminated on Authority allotting the one plot alone  Rights of respondent, if any, ended when it informed the Authority to delete it offer vis--vis the deleted plot. There was not vagueness, uncertainty or confusion with regard to reserved price -No scope for any interference-Authority as well as the bidders were bound by such conditions Reiterated, tender conditions are not open to judicial scrutiny unless action of tendering authority is found to be malicious and a misuse of statutory powers In present case, bids offered by respondent received due attention in a fair and transparent manner free from any bias by appellant Authority-Refusal to accept tender of from any bias by appellant Authority Refusal to accept tender of respondent on ground that the offer made was lower than the reserved price is legal and valid-No rights of respondent infringed by appellant Authority  Costs imposed on respondent.

Government Grants & Largesse: [L.S. Panta & B. Sudershan Reddy, JJ] Getting full value in sale of State-owned natural assets  Held, The struggle to get for the State the full value of its resources is particularly pronounced in the sale of State-owned natural assets to the private sector. Whenever the Government or the authorities get less than the full value of the asset, the country is being cheated; there is a simple transfer of wealth from the citizens as a whole to whoever gets the assets at a discount. Most of the times the wealth of a State goes to the individuals within the country rather than to multi-national corporations; still, wealth slips away that ought to belong to the nation as a whole.  -  The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. In fact project-wise research helps to generate better efficiency than advertised research organisation.',
			'caseanalysis' => null,
			'casesref' => '',
			'citingcases' => '',
			'counselplain' => ' S.K. Bhattacharya and; R. Venkataramani, Advs',
			'counseldef' => ' Altaf Ahmed, Addl. Solicitor General, ; S.K. Mehta, ; A. Mariarp',
			'court' => 'Supreme Court of India',
			'court_type' => 'SC',
			'decidedon' => '1991-08-14',
			'deposition' => '',
			'favorof' => null,
			'findings' => null,
			'judge' => ' Ranganath Misra, C.J.,; M.H. Kania and; Kuldip Singh, JJ.',
			'judgement' => 'ORDER<p style="text-align: justify;">Ranganath Misra, C.J.</p><p style="text-align: justify;">1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.</p><p style="text-align: justify;">2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; </p><p style="text-align: justify;">The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same</p><p style="text-align: justify;">Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.</p><p style="text-align: justify;">3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.</p><p style="text-align: justify;">4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.</p><p style="text-align: justify;">5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.</p><p style="text-align: justify;">6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.</p><p style="text-align: justify;">7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.<p style="text-align: justify;"></p><p style="text-align: justify;">',
			'observations' => null,
			'overruledby' => null,
			'prhistory' => '',
			'pubs' => '[1991(63)FLR549]; JT1991(3)SC525; 1991(2)SCALE325; (1991)4SCC171; [1991]3SCR595a; 1991(2)LC519(SC)',
			'ratiodecidendi' => '',
			'respondent' => 'Union of India (Uoi) and ors.',
			'sub' => 'Service',
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$title_for_layout = 'Dr V P Chaturvedi and ors Vs Union of India Uoi and ors - Citation 662665 - Court Judgment | '
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	'Judgement' => array(
		'id' => '662665',
		'acts' => '',
		'appealno' => 'Writ Petition No. 917 of 1990 with I.A. Nos. 1-3 of 1990 in Writ Petition (Civil) No. 9 of 1988 and ',
		'appellant' => 'Dr V.P. Chaturvedi and ors.',
		'authreffered' => '',
		'casename' => 'Dr V.P. Chaturvedi and ors. Vs. Union of India (Uoi) and ors.',
		'casenote' => 'Service - research work - Service Law - quality of work in research institutes specialised in their fields bound to be better than research carried on by manufacturers themselves - scheme could be evolved by which established drug manufacturers could be required to participate in such supporting programmes by supporting particular research projects - continuing research keeps up level of knowledge and helps enhancement of efficiency of treatment of diseases and in matter of providing relief to patients - research must be done as project wise to improve efficiency.<br><br> - Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Power of State /its instrumentalities to not accept highest bid (or lowest bid, as the case may be) When available -  Held,  A tender is an offer. It is something which invites and is communicated to notify acceptance. It must be unconditional, must be in the proper form, the person by whom tender is made must be able to and willing to perform his obligations. The terms of the invitation to tender cannot be open to judicial scrutiny because the invitation to tender is in the realm of contract. However, a limited judicial review may be available in cases where it is established that the terms of the invitation to tender were so tailor-made to suit the convenience f any particular person with a view to eliminate all others from participating in the bidding process. The bidders participating in the tender process have no other right except the right to equality and fair treatment in the matter of evaluation of competitive bids offered by interested persons in response to notice inviting tenders in a transparent manner and free from hidden agenda. One cannot challenge the terms and conditions of the tender except on the above stated ground, the reason being the terms of the invitation to tender are in the realm of the contract. No bidder is entitled as a matter of right to insist the authority inviting tenders to enter into further negotiations unless the terms and conditions of notice so provided for such negotiations. It is so well settled in law and needs no restatement, that disposal of the public property by the State or its instrumentalities partakes the character of a trust. The methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. The Authority has the right not to accept the highest bid and even to prefer a tender other than the highest bidder, if there exist good and sufficient reasons, such as, the highest bid not representing the market price but there cannot be any doubt that the Authoritys action in accepting or refusing the bid must be free from arbitrariness  favouritism. In the present case, the tender notice makes it abundantly clear that the two plots of land admeasuring 37,000 and 20,000 sq m meant for establishing engineering colleges were advertised as a single item, though the specified reserved price was different. The respondent AMS itself mentioned different and separate bids in its tender and made a bid for the 20,000 sq m plot which was less than the reserved price. The appellant Authority (MDA) was not under any legal or constitutional obligation to entertain the bid which was much below the reserved the price. MDA though not under any obligation, provided a further opportunity to AMS and expressed its willingness to part with the 20,000 sq m plot provided AMS agreed to pay the reserved rate. AMS did not avail this opportunity. Even at this stage AMS did not say that it was under some confusion as regrds the specified reserved price. No objections were raised whatsoever in this regard. Instead it made a request that the two plots be segregated and the 37,000 sq m be allotted to it while the other plot 20,000 sq m may be deleted from ..offer as the cost of that  land is not viable. AMS expressed its desire to purchase the said land at its lower, bid price only.  AMS proceeded on the assumption as if it had some unassailable right in respect of the said plot of land merely because it had earlier got allotted an adjoining plot of land for the construction of its buildings. Had the Authority conceded to the request so made by AMS it would have been an unfair and arbitrary decision and the courts may have interfered with the same in exercise of judicial review power. The tender process actually stood terminated with the letter of MDA dated 27.11.2001 allotting the 37,000 sq m of land alone. The rights of AMS, if any came to an end when it informed MDA that it was not claiming any right over the land admeasuring 20,000 sq m and made a further request to delete its offer in respect of the said land. The subsequent letters sent by AMS at its own choice are of no consequence.  The correspondence on record makes it clear that there was no confusion whatsoever with regard to reserved price fixed. Once it is clear that there was no vagueness, uncertainty or any confusion with regard to the reserved price there is no scope for any interference in the matter by the Court. The terms and conditions of the tender were expressly clear by which the Authority as well as the bidders were bound and such conditions are not open to judicial scrutiny unless the action of the tendering authority is found to be malicious and misuse of its statutory powers. The bids offered by AMS received their due attention in a fair and transparent manner free from any bias at the hands of MDA. No rights of AMS have been infringed by MDA in not giving opportunity to involve itself in lengthy negotiations. The Authority was free to make it choice and t invite fresh bids after AMS relinquished it claim in respect of the disputed plot vide letter dated 17.9.2001 which was accepted by MDA. The decision of the Authority was duly communicated to AMS by MDA fide its letter dated 27.11.2001. The decision so taken by MDA resulted in no infringement of rights of AMS. Hence, MDA shall be at liberty to call for fresh tenders in accordance with law but duly notifying the land use for both educational and residential and invite bids accordingly. It shall permit AMS and other educational institutions intending to participate in the auction. In view of the undertaking given by MDA it shall not raise any objection for the use of the land for educational purposes in case any educational institution is found to be the successful bidder. The bids shall obviously be invited from the intending bidders duly notifying the residential and educational use.  

Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Nature of Disposal of public property by State Methods for disposal of  Rights of bidder -  Held, Bidders participating in the tender process have no other right except the right to equality and fair treatment. Terms of invitation to tender are not open to judicial scrutiny as they lie in realm of contract. Disposal of public property by State or its instrumentalities partakes the character f a trust. Methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. Meerut Development Authority v Association of Management Studies & anr. 

Government Contracts/Tenders :[L.S. Panta & B. Sudershan Reddy, JJ] Tender conditions/NIT Binding effect of Non-adherence by bidder  Held, Authority is not obliged to entertain tender in such a case. Allotment of land in residential scheme for educational use - Reserved rate fixed at 50% of sector rate under G.O. dated 19.4.1996-Respondents commercial offer for one of two plots being less than reserved rate -Rejected by appellant Authority  Legality - Respondent informing appellant Authority to delete the said plot from their offer - Appellant confirming allotment of other plot of land to respondent Subsequently, respondent requesting Authority to allot the deleted plot at the reserved price - Appellant re-auctioning land with change in land use conditions   High Court allowing writ petition of respondent there against holding there was a concluded contract between the parties - Sustainability of Held, Tender process stood terminated on Authority allotting the one plot alone  Rights of respondent, if any, ended when it informed the Authority to delete it offer vis--vis the deleted plot. There was not vagueness, uncertainty or confusion with regard to reserved price -No scope for any interference-Authority as well as the bidders were bound by such conditions Reiterated, tender conditions are not open to judicial scrutiny unless action of tendering authority is found to be malicious and a misuse of statutory powers In present case, bids offered by respondent received due attention in a fair and transparent manner free from any bias by appellant Authority-Refusal to accept tender of from any bias by appellant Authority Refusal to accept tender of respondent on ground that the offer made was lower than the reserved price is legal and valid-No rights of respondent infringed by appellant Authority  Costs imposed on respondent.

Government Grants & Largesse: [L.S. Panta & B. Sudershan Reddy, JJ] Getting full value in sale of State-owned natural assets  Held, The struggle to get for the State the full value of its resources is particularly pronounced in the sale of State-owned natural assets to the private sector. Whenever the Government or the authorities get less than the full value of the asset, the country is being cheated; there is a simple transfer of wealth from the citizens as a whole to whoever gets the assets at a discount. Most of the times the wealth of a State goes to the individuals within the country rather than to multi-national corporations; still, wealth slips away that ought to belong to the nation as a whole.  -  The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. In fact project-wise research helps to generate better efficiency than advertised research organisation.',
		'caseanalysis' => null,
		'casesref' => '',
		'citingcases' => '',
		'counselplain' => ' S.K. Bhattacharya and; R. Venkataramani, Advs',
		'counseldef' => ' Altaf Ahmed, Addl. Solicitor General, ; S.K. Mehta, ; A. Mariarp',
		'court' => 'Supreme Court of India',
		'court_type' => 'SC',
		'decidedon' => '1991-08-14',
		'deposition' => '',
		'favorof' => null,
		'findings' => null,
		'judge' => ' Ranganath Misra, C.J.,; M.H. Kania and; Kuldip Singh, JJ.',
		'judgement' => 'ORDER<p>Ranganath Misra, C.J.</p><p>1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.</p><p>2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; </p><p>The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same</p><p>Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.</p><p>3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.</p><p>4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.</p><p>5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.</p><p>6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.</p><p>7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.<p></p><p>',
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	(int) 0 => 'ORDER<p>Ranganath Misra, C.J.',
	(int) 1 => '<p>1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.',
	(int) 2 => '<p>2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; ',
	(int) 3 => '<p>The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same',
	(int) 4 => '<p>Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.',
	(int) 5 => '<p>3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.',
	(int) 6 => '<p>4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.',
	(int) 7 => '<p>5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.',
	(int) 8 => '<p>6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.',
	(int) 9 => '<p>7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.<p>',
	(int) 10 => '<p>'
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2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated;

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			'appealno' => 'Writ Petition No. 917 of 1990 with I.A. Nos. 1-3 of 1990 in Writ Petition (Civil) No. 9 of 1988 and ',
			'appellant' => 'Dr V.P. Chaturvedi and ors.',
			'authreffered' => '',
			'casename' => 'Dr V.P. Chaturvedi and ors. Vs. Union of India (Uoi) and ors.',
			'casenote' => 'Service - research work - Service Law - quality of work in research institutes specialised in their fields bound to be better than research carried on by manufacturers themselves - scheme could be evolved by which established drug manufacturers could be required to participate in such supporting programmes by supporting particular research projects - continuing research keeps up level of knowledge and helps enhancement of efficiency of treatment of diseases and in matter of providing relief to patients - research must be done as project wise to improve efficiency.<br><br> - Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Power of State /its instrumentalities to not accept highest bid (or lowest bid, as the case may be) When available -  Held,  A tender is an offer. It is something which invites and is communicated to notify acceptance. It must be unconditional, must be in the proper form, the person by whom tender is made must be able to and willing to perform his obligations. The terms of the invitation to tender cannot be open to judicial scrutiny because the invitation to tender is in the realm of contract. However, a limited judicial review may be available in cases where it is established that the terms of the invitation to tender were so tailor-made to suit the convenience f any particular person with a view to eliminate all others from participating in the bidding process. The bidders participating in the tender process have no other right except the right to equality and fair treatment in the matter of evaluation of competitive bids offered by interested persons in response to notice inviting tenders in a transparent manner and free from hidden agenda. One cannot challenge the terms and conditions of the tender except on the above stated ground, the reason being the terms of the invitation to tender are in the realm of the contract. No bidder is entitled as a matter of right to insist the authority inviting tenders to enter into further negotiations unless the terms and conditions of notice so provided for such negotiations. It is so well settled in law and needs no restatement, that disposal of the public property by the State or its instrumentalities partakes the character of a trust. The methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. The Authority has the right not to accept the highest bid and even to prefer a tender other than the highest bidder, if there exist good and sufficient reasons, such as, the highest bid not representing the market price but there cannot be any doubt that the Authoritys action in accepting or refusing the bid must be free from arbitrariness  favouritism. In the present case, the tender notice makes it abundantly clear that the two plots of land admeasuring 37,000 and 20,000 sq m meant for establishing engineering colleges were advertised as a single item, though the specified reserved price was different. The respondent AMS itself mentioned different and separate bids in its tender and made a bid for the 20,000 sq m plot which was less than the reserved price. The appellant Authority (MDA) was not under any legal or constitutional obligation to entertain the bid which was much below the reserved the price. MDA though not under any obligation, provided a further opportunity to AMS and expressed its willingness to part with the 20,000 sq m plot provided AMS agreed to pay the reserved rate. AMS did not avail this opportunity. Even at this stage AMS did not say that it was under some confusion as regrds the specified reserved price. No objections were raised whatsoever in this regard. Instead it made a request that the two plots be segregated and the 37,000 sq m be allotted to it while the other plot 20,000 sq m may be deleted from ..offer as the cost of that  land is not viable. AMS expressed its desire to purchase the said land at its lower, bid price only.  AMS proceeded on the assumption as if it had some unassailable right in respect of the said plot of land merely because it had earlier got allotted an adjoining plot of land for the construction of its buildings. Had the Authority conceded to the request so made by AMS it would have been an unfair and arbitrary decision and the courts may have interfered with the same in exercise of judicial review power. The tender process actually stood terminated with the letter of MDA dated 27.11.2001 allotting the 37,000 sq m of land alone. The rights of AMS, if any came to an end when it informed MDA that it was not claiming any right over the land admeasuring 20,000 sq m and made a further request to delete its offer in respect of the said land. The subsequent letters sent by AMS at its own choice are of no consequence.  The correspondence on record makes it clear that there was no confusion whatsoever with regard to reserved price fixed. Once it is clear that there was no vagueness, uncertainty or any confusion with regard to the reserved price there is no scope for any interference in the matter by the Court. The terms and conditions of the tender were expressly clear by which the Authority as well as the bidders were bound and such conditions are not open to judicial scrutiny unless the action of the tendering authority is found to be malicious and misuse of its statutory powers. The bids offered by AMS received their due attention in a fair and transparent manner free from any bias at the hands of MDA. No rights of AMS have been infringed by MDA in not giving opportunity to involve itself in lengthy negotiations. The Authority was free to make it choice and t invite fresh bids after AMS relinquished it claim in respect of the disputed plot vide letter dated 17.9.2001 which was accepted by MDA. The decision of the Authority was duly communicated to AMS by MDA fide its letter dated 27.11.2001. The decision so taken by MDA resulted in no infringement of rights of AMS. Hence, MDA shall be at liberty to call for fresh tenders in accordance with law but duly notifying the land use for both educational and residential and invite bids accordingly. It shall permit AMS and other educational institutions intending to participate in the auction. In view of the undertaking given by MDA it shall not raise any objection for the use of the land for educational purposes in case any educational institution is found to be the successful bidder. The bids shall obviously be invited from the intending bidders duly notifying the residential and educational use.  

Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Nature of Disposal of public property by State Methods for disposal of  Rights of bidder -  Held, Bidders participating in the tender process have no other right except the right to equality and fair treatment. Terms of invitation to tender are not open to judicial scrutiny as they lie in realm of contract. Disposal of public property by State or its instrumentalities partakes the character f a trust. Methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. Meerut Development Authority v Association of Management Studies & anr. 

Government Contracts/Tenders :[L.S. Panta & B. Sudershan Reddy, JJ] Tender conditions/NIT Binding effect of Non-adherence by bidder  Held, Authority is not obliged to entertain tender in such a case. Allotment of land in residential scheme for educational use - Reserved rate fixed at 50% of sector rate under G.O. dated 19.4.1996-Respondents commercial offer for one of two plots being less than reserved rate -Rejected by appellant Authority  Legality - Respondent informing appellant Authority to delete the said plot from their offer - Appellant confirming allotment of other plot of land to respondent Subsequently, respondent requesting Authority to allot the deleted plot at the reserved price - Appellant re-auctioning land with change in land use conditions   High Court allowing writ petition of respondent there against holding there was a concluded contract between the parties - Sustainability of Held, Tender process stood terminated on Authority allotting the one plot alone  Rights of respondent, if any, ended when it informed the Authority to delete it offer vis--vis the deleted plot. There was not vagueness, uncertainty or confusion with regard to reserved price -No scope for any interference-Authority as well as the bidders were bound by such conditions Reiterated, tender conditions are not open to judicial scrutiny unless action of tendering authority is found to be malicious and a misuse of statutory powers In present case, bids offered by respondent received due attention in a fair and transparent manner free from any bias by appellant Authority-Refusal to accept tender of from any bias by appellant Authority Refusal to accept tender of respondent on ground that the offer made was lower than the reserved price is legal and valid-No rights of respondent infringed by appellant Authority  Costs imposed on respondent.

Government Grants & Largesse: [L.S. Panta & B. Sudershan Reddy, JJ] Getting full value in sale of State-owned natural assets  Held, The struggle to get for the State the full value of its resources is particularly pronounced in the sale of State-owned natural assets to the private sector. Whenever the Government or the authorities get less than the full value of the asset, the country is being cheated; there is a simple transfer of wealth from the citizens as a whole to whoever gets the assets at a discount. Most of the times the wealth of a State goes to the individuals within the country rather than to multi-national corporations; still, wealth slips away that ought to belong to the nation as a whole.  -  The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. In fact project-wise research helps to generate better efficiency than advertised research organisation.',
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			'counselplain' => ' S.K. Bhattacharya and; R. Venkataramani, Advs',
			'counseldef' => ' Altaf Ahmed, Addl. Solicitor General, ; S.K. Mehta, ; A. Mariarp',
			'court' => 'Supreme Court of India',
			'court_type' => 'SC',
			'decidedon' => '1991-08-14',
			'deposition' => '',
			'favorof' => null,
			'findings' => null,
			'judge' => ' Ranganath Misra, C.J.,; M.H. Kania and; Kuldip Singh, JJ.',
			'judgement' => 'ORDER<p style="text-align: justify;">Ranganath Misra, C.J.</p><p style="text-align: justify;">1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.</p><p style="text-align: justify;">2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; </p><p style="text-align: justify;">The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same</p><p style="text-align: justify;">Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.</p><p style="text-align: justify;">3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.</p><p style="text-align: justify;">4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.</p><p style="text-align: justify;">5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.</p><p style="text-align: justify;">6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.</p><p style="text-align: justify;">7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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		'casename' => 'Dr V.P. Chaturvedi and ors. Vs. Union of India (Uoi) and ors.',
		'casenote' => 'Service - research work - Service Law - quality of work in research institutes specialised in their fields bound to be better than research carried on by manufacturers themselves - scheme could be evolved by which established drug manufacturers could be required to participate in such supporting programmes by supporting particular research projects - continuing research keeps up level of knowledge and helps enhancement of efficiency of treatment of diseases and in matter of providing relief to patients - research must be done as project wise to improve efficiency.<br><br> - Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Power of State /its instrumentalities to not accept highest bid (or lowest bid, as the case may be) When available -  Held,  A tender is an offer. It is something which invites and is communicated to notify acceptance. It must be unconditional, must be in the proper form, the person by whom tender is made must be able to and willing to perform his obligations. The terms of the invitation to tender cannot be open to judicial scrutiny because the invitation to tender is in the realm of contract. However, a limited judicial review may be available in cases where it is established that the terms of the invitation to tender were so tailor-made to suit the convenience f any particular person with a view to eliminate all others from participating in the bidding process. The bidders participating in the tender process have no other right except the right to equality and fair treatment in the matter of evaluation of competitive bids offered by interested persons in response to notice inviting tenders in a transparent manner and free from hidden agenda. One cannot challenge the terms and conditions of the tender except on the above stated ground, the reason being the terms of the invitation to tender are in the realm of the contract. No bidder is entitled as a matter of right to insist the authority inviting tenders to enter into further negotiations unless the terms and conditions of notice so provided for such negotiations. It is so well settled in law and needs no restatement, that disposal of the public property by the State or its instrumentalities partakes the character of a trust. The methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. The Authority has the right not to accept the highest bid and even to prefer a tender other than the highest bidder, if there exist good and sufficient reasons, such as, the highest bid not representing the market price but there cannot be any doubt that the Authoritys action in accepting or refusing the bid must be free from arbitrariness  favouritism. In the present case, the tender notice makes it abundantly clear that the two plots of land admeasuring 37,000 and 20,000 sq m meant for establishing engineering colleges were advertised as a single item, though the specified reserved price was different. The respondent AMS itself mentioned different and separate bids in its tender and made a bid for the 20,000 sq m plot which was less than the reserved price. The appellant Authority (MDA) was not under any legal or constitutional obligation to entertain the bid which was much below the reserved the price. MDA though not under any obligation, provided a further opportunity to AMS and expressed its willingness to part with the 20,000 sq m plot provided AMS agreed to pay the reserved rate. AMS did not avail this opportunity. Even at this stage AMS did not say that it was under some confusion as regrds the specified reserved price. No objections were raised whatsoever in this regard. Instead it made a request that the two plots be segregated and the 37,000 sq m be allotted to it while the other plot 20,000 sq m may be deleted from ..offer as the cost of that  land is not viable. AMS expressed its desire to purchase the said land at its lower, bid price only.  AMS proceeded on the assumption as if it had some unassailable right in respect of the said plot of land merely because it had earlier got allotted an adjoining plot of land for the construction of its buildings. Had the Authority conceded to the request so made by AMS it would have been an unfair and arbitrary decision and the courts may have interfered with the same in exercise of judicial review power. The tender process actually stood terminated with the letter of MDA dated 27.11.2001 allotting the 37,000 sq m of land alone. The rights of AMS, if any came to an end when it informed MDA that it was not claiming any right over the land admeasuring 20,000 sq m and made a further request to delete its offer in respect of the said land. The subsequent letters sent by AMS at its own choice are of no consequence.  The correspondence on record makes it clear that there was no confusion whatsoever with regard to reserved price fixed. Once it is clear that there was no vagueness, uncertainty or any confusion with regard to the reserved price there is no scope for any interference in the matter by the Court. The terms and conditions of the tender were expressly clear by which the Authority as well as the bidders were bound and such conditions are not open to judicial scrutiny unless the action of the tendering authority is found to be malicious and misuse of its statutory powers. The bids offered by AMS received their due attention in a fair and transparent manner free from any bias at the hands of MDA. No rights of AMS have been infringed by MDA in not giving opportunity to involve itself in lengthy negotiations. The Authority was free to make it choice and t invite fresh bids after AMS relinquished it claim in respect of the disputed plot vide letter dated 17.9.2001 which was accepted by MDA. The decision of the Authority was duly communicated to AMS by MDA fide its letter dated 27.11.2001. The decision so taken by MDA resulted in no infringement of rights of AMS. Hence, MDA shall be at liberty to call for fresh tenders in accordance with law but duly notifying the land use for both educational and residential and invite bids accordingly. It shall permit AMS and other educational institutions intending to participate in the auction. In view of the undertaking given by MDA it shall not raise any objection for the use of the land for educational purposes in case any educational institution is found to be the successful bidder. The bids shall obviously be invited from the intending bidders duly notifying the residential and educational use.  

Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Nature of Disposal of public property by State Methods for disposal of  Rights of bidder -  Held, Bidders participating in the tender process have no other right except the right to equality and fair treatment. Terms of invitation to tender are not open to judicial scrutiny as they lie in realm of contract. Disposal of public property by State or its instrumentalities partakes the character f a trust. Methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. Meerut Development Authority v Association of Management Studies & anr. 

Government Contracts/Tenders :[L.S. Panta & B. Sudershan Reddy, JJ] Tender conditions/NIT Binding effect of Non-adherence by bidder  Held, Authority is not obliged to entertain tender in such a case. Allotment of land in residential scheme for educational use - Reserved rate fixed at 50% of sector rate under G.O. dated 19.4.1996-Respondents commercial offer for one of two plots being less than reserved rate -Rejected by appellant Authority  Legality - Respondent informing appellant Authority to delete the said plot from their offer - Appellant confirming allotment of other plot of land to respondent Subsequently, respondent requesting Authority to allot the deleted plot at the reserved price - Appellant re-auctioning land with change in land use conditions   High Court allowing writ petition of respondent there against holding there was a concluded contract between the parties - Sustainability of Held, Tender process stood terminated on Authority allotting the one plot alone  Rights of respondent, if any, ended when it informed the Authority to delete it offer vis--vis the deleted plot. There was not vagueness, uncertainty or confusion with regard to reserved price -No scope for any interference-Authority as well as the bidders were bound by such conditions Reiterated, tender conditions are not open to judicial scrutiny unless action of tendering authority is found to be malicious and a misuse of statutory powers In present case, bids offered by respondent received due attention in a fair and transparent manner free from any bias by appellant Authority-Refusal to accept tender of from any bias by appellant Authority Refusal to accept tender of respondent on ground that the offer made was lower than the reserved price is legal and valid-No rights of respondent infringed by appellant Authority  Costs imposed on respondent.

Government Grants & Largesse: [L.S. Panta & B. Sudershan Reddy, JJ] Getting full value in sale of State-owned natural assets  Held, The struggle to get for the State the full value of its resources is particularly pronounced in the sale of State-owned natural assets to the private sector. Whenever the Government or the authorities get less than the full value of the asset, the country is being cheated; there is a simple transfer of wealth from the citizens as a whole to whoever gets the assets at a discount. Most of the times the wealth of a State goes to the individuals within the country rather than to multi-national corporations; still, wealth slips away that ought to belong to the nation as a whole.  -  The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. In fact project-wise research helps to generate better efficiency than advertised research organisation.',
		'caseanalysis' => null,
		'casesref' => '',
		'citingcases' => '',
		'counselplain' => ' S.K. Bhattacharya and; R. Venkataramani, Advs',
		'counseldef' => ' Altaf Ahmed, Addl. Solicitor General, ; S.K. Mehta, ; A. Mariarp',
		'court' => 'Supreme Court of India',
		'court_type' => 'SC',
		'decidedon' => '1991-08-14',
		'deposition' => '',
		'favorof' => null,
		'findings' => null,
		'judge' => ' Ranganath Misra, C.J.,; M.H. Kania and; Kuldip Singh, JJ.',
		'judgement' => 'ORDER<p>Ranganath Misra, C.J.</p><p>1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.</p><p>2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; </p><p>The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same</p><p>Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.</p><p>3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.</p><p>4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.</p><p>5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.</p><p>6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.</p><p>7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.<p></p><p>',
		'observations' => null,
		'overruledby' => null,
		'prhistory' => '',
		'pubs' => '[1991(63)FLR549]; JT1991(3)SC525; 1991(2)SCALE325; (1991)4SCC171; [1991]3SCR595a; 1991(2)LC519(SC)',
		'ratiodecidendi' => '',
		'respondent' => 'Union of India (Uoi) and ors.',
		'sub' => 'Service',
		'link' => null,
		'circuit' => null
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	(int) 0 => 'ORDER<p>Ranganath Misra, C.J.',
	(int) 1 => '<p>1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.',
	(int) 2 => '<p>2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; ',
	(int) 3 => '<p>The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same',
	(int) 4 => '<p>Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.',
	(int) 5 => '<p>3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.',
	(int) 6 => '<p>4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.',
	(int) 7 => '<p>5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.',
	(int) 8 => '<p>6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.',
	(int) 9 => '<p>7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.<p>',
	(int) 10 => '<p>'
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The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same

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	'title_for_layout' => 'Dr V P Chaturvedi and ors Vs Union of India Uoi and ors - Citation 662665 - Court Judgment | ',
	'desc' => array(
		'Judgement' => array(
			'id' => '662665',
			'acts' => '',
			'appealno' => 'Writ Petition No. 917 of 1990 with I.A. Nos. 1-3 of 1990 in Writ Petition (Civil) No. 9 of 1988 and ',
			'appellant' => 'Dr V.P. Chaturvedi and ors.',
			'authreffered' => '',
			'casename' => 'Dr V.P. Chaturvedi and ors. Vs. Union of India (Uoi) and ors.',
			'casenote' => 'Service - research work - Service Law - quality of work in research institutes specialised in their fields bound to be better than research carried on by manufacturers themselves - scheme could be evolved by which established drug manufacturers could be required to participate in such supporting programmes by supporting particular research projects - continuing research keeps up level of knowledge and helps enhancement of efficiency of treatment of diseases and in matter of providing relief to patients - research must be done as project wise to improve efficiency.<br><br> - Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Power of State /its instrumentalities to not accept highest bid (or lowest bid, as the case may be) When available -  Held,  A tender is an offer. It is something which invites and is communicated to notify acceptance. It must be unconditional, must be in the proper form, the person by whom tender is made must be able to and willing to perform his obligations. The terms of the invitation to tender cannot be open to judicial scrutiny because the invitation to tender is in the realm of contract. However, a limited judicial review may be available in cases where it is established that the terms of the invitation to tender were so tailor-made to suit the convenience f any particular person with a view to eliminate all others from participating in the bidding process. The bidders participating in the tender process have no other right except the right to equality and fair treatment in the matter of evaluation of competitive bids offered by interested persons in response to notice inviting tenders in a transparent manner and free from hidden agenda. One cannot challenge the terms and conditions of the tender except on the above stated ground, the reason being the terms of the invitation to tender are in the realm of the contract. No bidder is entitled as a matter of right to insist the authority inviting tenders to enter into further negotiations unless the terms and conditions of notice so provided for such negotiations. It is so well settled in law and needs no restatement, that disposal of the public property by the State or its instrumentalities partakes the character of a trust. The methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. The Authority has the right not to accept the highest bid and even to prefer a tender other than the highest bidder, if there exist good and sufficient reasons, such as, the highest bid not representing the market price but there cannot be any doubt that the Authoritys action in accepting or refusing the bid must be free from arbitrariness  favouritism. In the present case, the tender notice makes it abundantly clear that the two plots of land admeasuring 37,000 and 20,000 sq m meant for establishing engineering colleges were advertised as a single item, though the specified reserved price was different. The respondent AMS itself mentioned different and separate bids in its tender and made a bid for the 20,000 sq m plot which was less than the reserved price. The appellant Authority (MDA) was not under any legal or constitutional obligation to entertain the bid which was much below the reserved the price. MDA though not under any obligation, provided a further opportunity to AMS and expressed its willingness to part with the 20,000 sq m plot provided AMS agreed to pay the reserved rate. AMS did not avail this opportunity. Even at this stage AMS did not say that it was under some confusion as regrds the specified reserved price. No objections were raised whatsoever in this regard. Instead it made a request that the two plots be segregated and the 37,000 sq m be allotted to it while the other plot 20,000 sq m may be deleted from ..offer as the cost of that  land is not viable. AMS expressed its desire to purchase the said land at its lower, bid price only.  AMS proceeded on the assumption as if it had some unassailable right in respect of the said plot of land merely because it had earlier got allotted an adjoining plot of land for the construction of its buildings. Had the Authority conceded to the request so made by AMS it would have been an unfair and arbitrary decision and the courts may have interfered with the same in exercise of judicial review power. The tender process actually stood terminated with the letter of MDA dated 27.11.2001 allotting the 37,000 sq m of land alone. The rights of AMS, if any came to an end when it informed MDA that it was not claiming any right over the land admeasuring 20,000 sq m and made a further request to delete its offer in respect of the said land. The subsequent letters sent by AMS at its own choice are of no consequence.  The correspondence on record makes it clear that there was no confusion whatsoever with regard to reserved price fixed. Once it is clear that there was no vagueness, uncertainty or any confusion with regard to the reserved price there is no scope for any interference in the matter by the Court. The terms and conditions of the tender were expressly clear by which the Authority as well as the bidders were bound and such conditions are not open to judicial scrutiny unless the action of the tendering authority is found to be malicious and misuse of its statutory powers. The bids offered by AMS received their due attention in a fair and transparent manner free from any bias at the hands of MDA. No rights of AMS have been infringed by MDA in not giving opportunity to involve itself in lengthy negotiations. The Authority was free to make it choice and t invite fresh bids after AMS relinquished it claim in respect of the disputed plot vide letter dated 17.9.2001 which was accepted by MDA. The decision of the Authority was duly communicated to AMS by MDA fide its letter dated 27.11.2001. The decision so taken by MDA resulted in no infringement of rights of AMS. Hence, MDA shall be at liberty to call for fresh tenders in accordance with law but duly notifying the land use for both educational and residential and invite bids accordingly. It shall permit AMS and other educational institutions intending to participate in the auction. In view of the undertaking given by MDA it shall not raise any objection for the use of the land for educational purposes in case any educational institution is found to be the successful bidder. The bids shall obviously be invited from the intending bidders duly notifying the residential and educational use.  

Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Nature of Disposal of public property by State Methods for disposal of  Rights of bidder -  Held, Bidders participating in the tender process have no other right except the right to equality and fair treatment. Terms of invitation to tender are not open to judicial scrutiny as they lie in realm of contract. Disposal of public property by State or its instrumentalities partakes the character f a trust. Methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. Meerut Development Authority v Association of Management Studies & anr. 

Government Contracts/Tenders :[L.S. Panta & B. Sudershan Reddy, JJ] Tender conditions/NIT Binding effect of Non-adherence by bidder  Held, Authority is not obliged to entertain tender in such a case. Allotment of land in residential scheme for educational use - Reserved rate fixed at 50% of sector rate under G.O. dated 19.4.1996-Respondents commercial offer for one of two plots being less than reserved rate -Rejected by appellant Authority  Legality - Respondent informing appellant Authority to delete the said plot from their offer - Appellant confirming allotment of other plot of land to respondent Subsequently, respondent requesting Authority to allot the deleted plot at the reserved price - Appellant re-auctioning land with change in land use conditions   High Court allowing writ petition of respondent there against holding there was a concluded contract between the parties - Sustainability of Held, Tender process stood terminated on Authority allotting the one plot alone  Rights of respondent, if any, ended when it informed the Authority to delete it offer vis--vis the deleted plot. There was not vagueness, uncertainty or confusion with regard to reserved price -No scope for any interference-Authority as well as the bidders were bound by such conditions Reiterated, tender conditions are not open to judicial scrutiny unless action of tendering authority is found to be malicious and a misuse of statutory powers In present case, bids offered by respondent received due attention in a fair and transparent manner free from any bias by appellant Authority-Refusal to accept tender of from any bias by appellant Authority Refusal to accept tender of respondent on ground that the offer made was lower than the reserved price is legal and valid-No rights of respondent infringed by appellant Authority  Costs imposed on respondent.

Government Grants & Largesse: [L.S. Panta & B. Sudershan Reddy, JJ] Getting full value in sale of State-owned natural assets  Held, The struggle to get for the State the full value of its resources is particularly pronounced in the sale of State-owned natural assets to the private sector. Whenever the Government or the authorities get less than the full value of the asset, the country is being cheated; there is a simple transfer of wealth from the citizens as a whole to whoever gets the assets at a discount. Most of the times the wealth of a State goes to the individuals within the country rather than to multi-national corporations; still, wealth slips away that ought to belong to the nation as a whole.  -  The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. In fact project-wise research helps to generate better efficiency than advertised research organisation.',
			'caseanalysis' => null,
			'casesref' => '',
			'citingcases' => '',
			'counselplain' => ' S.K. Bhattacharya and; R. Venkataramani, Advs',
			'counseldef' => ' Altaf Ahmed, Addl. Solicitor General, ; S.K. Mehta, ; A. Mariarp',
			'court' => 'Supreme Court of India',
			'court_type' => 'SC',
			'decidedon' => '1991-08-14',
			'deposition' => '',
			'favorof' => null,
			'findings' => null,
			'judge' => ' Ranganath Misra, C.J.,; M.H. Kania and; Kuldip Singh, JJ.',
			'judgement' => 'ORDER<p style="text-align: justify;">Ranganath Misra, C.J.</p><p style="text-align: justify;">1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.</p><p style="text-align: justify;">2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; </p><p style="text-align: justify;">The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same</p><p style="text-align: justify;">Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.</p><p style="text-align: justify;">3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.</p><p style="text-align: justify;">4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.</p><p style="text-align: justify;">5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.</p><p style="text-align: justify;">6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.</p><p style="text-align: justify;">7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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		'appealno' => 'Writ Petition No. 917 of 1990 with I.A. Nos. 1-3 of 1990 in Writ Petition (Civil) No. 9 of 1988 and ',
		'appellant' => 'Dr V.P. Chaturvedi and ors.',
		'authreffered' => '',
		'casename' => 'Dr V.P. Chaturvedi and ors. Vs. Union of India (Uoi) and ors.',
		'casenote' => 'Service - research work - Service Law - quality of work in research institutes specialised in their fields bound to be better than research carried on by manufacturers themselves - scheme could be evolved by which established drug manufacturers could be required to participate in such supporting programmes by supporting particular research projects - continuing research keeps up level of knowledge and helps enhancement of efficiency of treatment of diseases and in matter of providing relief to patients - research must be done as project wise to improve efficiency.<br><br> - Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Power of State /its instrumentalities to not accept highest bid (or lowest bid, as the case may be) When available -  Held,  A tender is an offer. It is something which invites and is communicated to notify acceptance. It must be unconditional, must be in the proper form, the person by whom tender is made must be able to and willing to perform his obligations. The terms of the invitation to tender cannot be open to judicial scrutiny because the invitation to tender is in the realm of contract. However, a limited judicial review may be available in cases where it is established that the terms of the invitation to tender were so tailor-made to suit the convenience f any particular person with a view to eliminate all others from participating in the bidding process. The bidders participating in the tender process have no other right except the right to equality and fair treatment in the matter of evaluation of competitive bids offered by interested persons in response to notice inviting tenders in a transparent manner and free from hidden agenda. One cannot challenge the terms and conditions of the tender except on the above stated ground, the reason being the terms of the invitation to tender are in the realm of the contract. No bidder is entitled as a matter of right to insist the authority inviting tenders to enter into further negotiations unless the terms and conditions of notice so provided for such negotiations. It is so well settled in law and needs no restatement, that disposal of the public property by the State or its instrumentalities partakes the character of a trust. The methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. The Authority has the right not to accept the highest bid and even to prefer a tender other than the highest bidder, if there exist good and sufficient reasons, such as, the highest bid not representing the market price but there cannot be any doubt that the Authoritys action in accepting or refusing the bid must be free from arbitrariness  favouritism. In the present case, the tender notice makes it abundantly clear that the two plots of land admeasuring 37,000 and 20,000 sq m meant for establishing engineering colleges were advertised as a single item, though the specified reserved price was different. The respondent AMS itself mentioned different and separate bids in its tender and made a bid for the 20,000 sq m plot which was less than the reserved price. The appellant Authority (MDA) was not under any legal or constitutional obligation to entertain the bid which was much below the reserved the price. MDA though not under any obligation, provided a further opportunity to AMS and expressed its willingness to part with the 20,000 sq m plot provided AMS agreed to pay the reserved rate. AMS did not avail this opportunity. Even at this stage AMS did not say that it was under some confusion as regrds the specified reserved price. No objections were raised whatsoever in this regard. Instead it made a request that the two plots be segregated and the 37,000 sq m be allotted to it while the other plot 20,000 sq m may be deleted from ..offer as the cost of that  land is not viable. AMS expressed its desire to purchase the said land at its lower, bid price only.  AMS proceeded on the assumption as if it had some unassailable right in respect of the said plot of land merely because it had earlier got allotted an adjoining plot of land for the construction of its buildings. Had the Authority conceded to the request so made by AMS it would have been an unfair and arbitrary decision and the courts may have interfered with the same in exercise of judicial review power. The tender process actually stood terminated with the letter of MDA dated 27.11.2001 allotting the 37,000 sq m of land alone. The rights of AMS, if any came to an end when it informed MDA that it was not claiming any right over the land admeasuring 20,000 sq m and made a further request to delete its offer in respect of the said land. The subsequent letters sent by AMS at its own choice are of no consequence.  The correspondence on record makes it clear that there was no confusion whatsoever with regard to reserved price fixed. Once it is clear that there was no vagueness, uncertainty or any confusion with regard to the reserved price there is no scope for any interference in the matter by the Court. The terms and conditions of the tender were expressly clear by which the Authority as well as the bidders were bound and such conditions are not open to judicial scrutiny unless the action of the tendering authority is found to be malicious and misuse of its statutory powers. The bids offered by AMS received their due attention in a fair and transparent manner free from any bias at the hands of MDA. No rights of AMS have been infringed by MDA in not giving opportunity to involve itself in lengthy negotiations. The Authority was free to make it choice and t invite fresh bids after AMS relinquished it claim in respect of the disputed plot vide letter dated 17.9.2001 which was accepted by MDA. The decision of the Authority was duly communicated to AMS by MDA fide its letter dated 27.11.2001. The decision so taken by MDA resulted in no infringement of rights of AMS. Hence, MDA shall be at liberty to call for fresh tenders in accordance with law but duly notifying the land use for both educational and residential and invite bids accordingly. It shall permit AMS and other educational institutions intending to participate in the auction. In view of the undertaking given by MDA it shall not raise any objection for the use of the land for educational purposes in case any educational institution is found to be the successful bidder. The bids shall obviously be invited from the intending bidders duly notifying the residential and educational use.  

Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Nature of Disposal of public property by State Methods for disposal of  Rights of bidder -  Held, Bidders participating in the tender process have no other right except the right to equality and fair treatment. Terms of invitation to tender are not open to judicial scrutiny as they lie in realm of contract. Disposal of public property by State or its instrumentalities partakes the character f a trust. Methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. Meerut Development Authority v Association of Management Studies & anr. 

Government Contracts/Tenders :[L.S. Panta & B. Sudershan Reddy, JJ] Tender conditions/NIT Binding effect of Non-adherence by bidder  Held, Authority is not obliged to entertain tender in such a case. Allotment of land in residential scheme for educational use - Reserved rate fixed at 50% of sector rate under G.O. dated 19.4.1996-Respondents commercial offer for one of two plots being less than reserved rate -Rejected by appellant Authority  Legality - Respondent informing appellant Authority to delete the said plot from their offer - Appellant confirming allotment of other plot of land to respondent Subsequently, respondent requesting Authority to allot the deleted plot at the reserved price - Appellant re-auctioning land with change in land use conditions   High Court allowing writ petition of respondent there against holding there was a concluded contract between the parties - Sustainability of Held, Tender process stood terminated on Authority allotting the one plot alone  Rights of respondent, if any, ended when it informed the Authority to delete it offer vis--vis the deleted plot. There was not vagueness, uncertainty or confusion with regard to reserved price -No scope for any interference-Authority as well as the bidders were bound by such conditions Reiterated, tender conditions are not open to judicial scrutiny unless action of tendering authority is found to be malicious and a misuse of statutory powers In present case, bids offered by respondent received due attention in a fair and transparent manner free from any bias by appellant Authority-Refusal to accept tender of from any bias by appellant Authority Refusal to accept tender of respondent on ground that the offer made was lower than the reserved price is legal and valid-No rights of respondent infringed by appellant Authority  Costs imposed on respondent.

Government Grants & Largesse: [L.S. Panta & B. Sudershan Reddy, JJ] Getting full value in sale of State-owned natural assets  Held, The struggle to get for the State the full value of its resources is particularly pronounced in the sale of State-owned natural assets to the private sector. Whenever the Government or the authorities get less than the full value of the asset, the country is being cheated; there is a simple transfer of wealth from the citizens as a whole to whoever gets the assets at a discount. Most of the times the wealth of a State goes to the individuals within the country rather than to multi-national corporations; still, wealth slips away that ought to belong to the nation as a whole.  -  The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. In fact project-wise research helps to generate better efficiency than advertised research organisation.',
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		'counselplain' => ' S.K. Bhattacharya and; R. Venkataramani, Advs',
		'counseldef' => ' Altaf Ahmed, Addl. Solicitor General, ; S.K. Mehta, ; A. Mariarp',
		'court' => 'Supreme Court of India',
		'court_type' => 'SC',
		'decidedon' => '1991-08-14',
		'deposition' => '',
		'favorof' => null,
		'findings' => null,
		'judge' => ' Ranganath Misra, C.J.,; M.H. Kania and; Kuldip Singh, JJ.',
		'judgement' => 'ORDER<p>Ranganath Misra, C.J.</p><p>1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.</p><p>2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; </p><p>The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same</p><p>Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.</p><p>3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.</p><p>4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.</p><p>5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.</p><p>6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.</p><p>7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.<p></p><p>',
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	(int) 1 => '<p>1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.',
	(int) 2 => '<p>2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; ',
	(int) 3 => '<p>The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same',
	(int) 4 => '<p>Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.',
	(int) 5 => '<p>3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.',
	(int) 6 => '<p>4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.',
	(int) 7 => '<p>5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.',
	(int) 8 => '<p>6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.',
	(int) 9 => '<p>7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.<p>',
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Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.

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			'appealno' => 'Writ Petition No. 917 of 1990 with I.A. Nos. 1-3 of 1990 in Writ Petition (Civil) No. 9 of 1988 and ',
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			'casename' => 'Dr V.P. Chaturvedi and ors. Vs. Union of India (Uoi) and ors.',
			'casenote' => 'Service - research work - Service Law - quality of work in research institutes specialised in their fields bound to be better than research carried on by manufacturers themselves - scheme could be evolved by which established drug manufacturers could be required to participate in such supporting programmes by supporting particular research projects - continuing research keeps up level of knowledge and helps enhancement of efficiency of treatment of diseases and in matter of providing relief to patients - research must be done as project wise to improve efficiency.<br><br> - Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Power of State /its instrumentalities to not accept highest bid (or lowest bid, as the case may be) When available -  Held,  A tender is an offer. It is something which invites and is communicated to notify acceptance. It must be unconditional, must be in the proper form, the person by whom tender is made must be able to and willing to perform his obligations. The terms of the invitation to tender cannot be open to judicial scrutiny because the invitation to tender is in the realm of contract. However, a limited judicial review may be available in cases where it is established that the terms of the invitation to tender were so tailor-made to suit the convenience f any particular person with a view to eliminate all others from participating in the bidding process. The bidders participating in the tender process have no other right except the right to equality and fair treatment in the matter of evaluation of competitive bids offered by interested persons in response to notice inviting tenders in a transparent manner and free from hidden agenda. One cannot challenge the terms and conditions of the tender except on the above stated ground, the reason being the terms of the invitation to tender are in the realm of the contract. No bidder is entitled as a matter of right to insist the authority inviting tenders to enter into further negotiations unless the terms and conditions of notice so provided for such negotiations. It is so well settled in law and needs no restatement, that disposal of the public property by the State or its instrumentalities partakes the character of a trust. The methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. The Authority has the right not to accept the highest bid and even to prefer a tender other than the highest bidder, if there exist good and sufficient reasons, such as, the highest bid not representing the market price but there cannot be any doubt that the Authoritys action in accepting or refusing the bid must be free from arbitrariness  favouritism. In the present case, the tender notice makes it abundantly clear that the two plots of land admeasuring 37,000 and 20,000 sq m meant for establishing engineering colleges were advertised as a single item, though the specified reserved price was different. The respondent AMS itself mentioned different and separate bids in its tender and made a bid for the 20,000 sq m plot which was less than the reserved price. The appellant Authority (MDA) was not under any legal or constitutional obligation to entertain the bid which was much below the reserved the price. MDA though not under any obligation, provided a further opportunity to AMS and expressed its willingness to part with the 20,000 sq m plot provided AMS agreed to pay the reserved rate. AMS did not avail this opportunity. Even at this stage AMS did not say that it was under some confusion as regrds the specified reserved price. No objections were raised whatsoever in this regard. Instead it made a request that the two plots be segregated and the 37,000 sq m be allotted to it while the other plot 20,000 sq m may be deleted from ..offer as the cost of that  land is not viable. AMS expressed its desire to purchase the said land at its lower, bid price only.  AMS proceeded on the assumption as if it had some unassailable right in respect of the said plot of land merely because it had earlier got allotted an adjoining plot of land for the construction of its buildings. Had the Authority conceded to the request so made by AMS it would have been an unfair and arbitrary decision and the courts may have interfered with the same in exercise of judicial review power. The tender process actually stood terminated with the letter of MDA dated 27.11.2001 allotting the 37,000 sq m of land alone. The rights of AMS, if any came to an end when it informed MDA that it was not claiming any right over the land admeasuring 20,000 sq m and made a further request to delete its offer in respect of the said land. The subsequent letters sent by AMS at its own choice are of no consequence.  The correspondence on record makes it clear that there was no confusion whatsoever with regard to reserved price fixed. Once it is clear that there was no vagueness, uncertainty or any confusion with regard to the reserved price there is no scope for any interference in the matter by the Court. The terms and conditions of the tender were expressly clear by which the Authority as well as the bidders were bound and such conditions are not open to judicial scrutiny unless the action of the tendering authority is found to be malicious and misuse of its statutory powers. The bids offered by AMS received their due attention in a fair and transparent manner free from any bias at the hands of MDA. No rights of AMS have been infringed by MDA in not giving opportunity to involve itself in lengthy negotiations. The Authority was free to make it choice and t invite fresh bids after AMS relinquished it claim in respect of the disputed plot vide letter dated 17.9.2001 which was accepted by MDA. The decision of the Authority was duly communicated to AMS by MDA fide its letter dated 27.11.2001. The decision so taken by MDA resulted in no infringement of rights of AMS. Hence, MDA shall be at liberty to call for fresh tenders in accordance with law but duly notifying the land use for both educational and residential and invite bids accordingly. It shall permit AMS and other educational institutions intending to participate in the auction. In view of the undertaking given by MDA it shall not raise any objection for the use of the land for educational purposes in case any educational institution is found to be the successful bidder. The bids shall obviously be invited from the intending bidders duly notifying the residential and educational use.  

Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Nature of Disposal of public property by State Methods for disposal of  Rights of bidder -  Held, Bidders participating in the tender process have no other right except the right to equality and fair treatment. Terms of invitation to tender are not open to judicial scrutiny as they lie in realm of contract. Disposal of public property by State or its instrumentalities partakes the character f a trust. Methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. Meerut Development Authority v Association of Management Studies & anr. 

Government Contracts/Tenders :[L.S. Panta & B. Sudershan Reddy, JJ] Tender conditions/NIT Binding effect of Non-adherence by bidder  Held, Authority is not obliged to entertain tender in such a case. Allotment of land in residential scheme for educational use - Reserved rate fixed at 50% of sector rate under G.O. dated 19.4.1996-Respondents commercial offer for one of two plots being less than reserved rate -Rejected by appellant Authority  Legality - Respondent informing appellant Authority to delete the said plot from their offer - Appellant confirming allotment of other plot of land to respondent Subsequently, respondent requesting Authority to allot the deleted plot at the reserved price - Appellant re-auctioning land with change in land use conditions   High Court allowing writ petition of respondent there against holding there was a concluded contract between the parties - Sustainability of Held, Tender process stood terminated on Authority allotting the one plot alone  Rights of respondent, if any, ended when it informed the Authority to delete it offer vis--vis the deleted plot. There was not vagueness, uncertainty or confusion with regard to reserved price -No scope for any interference-Authority as well as the bidders were bound by such conditions Reiterated, tender conditions are not open to judicial scrutiny unless action of tendering authority is found to be malicious and a misuse of statutory powers In present case, bids offered by respondent received due attention in a fair and transparent manner free from any bias by appellant Authority-Refusal to accept tender of from any bias by appellant Authority Refusal to accept tender of respondent on ground that the offer made was lower than the reserved price is legal and valid-No rights of respondent infringed by appellant Authority  Costs imposed on respondent.

Government Grants & Largesse: [L.S. Panta & B. Sudershan Reddy, JJ] Getting full value in sale of State-owned natural assets  Held, The struggle to get for the State the full value of its resources is particularly pronounced in the sale of State-owned natural assets to the private sector. Whenever the Government or the authorities get less than the full value of the asset, the country is being cheated; there is a simple transfer of wealth from the citizens as a whole to whoever gets the assets at a discount. Most of the times the wealth of a State goes to the individuals within the country rather than to multi-national corporations; still, wealth slips away that ought to belong to the nation as a whole.  -  The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. In fact project-wise research helps to generate better efficiency than advertised research organisation.',
			'caseanalysis' => null,
			'casesref' => '',
			'citingcases' => '',
			'counselplain' => ' S.K. Bhattacharya and; R. Venkataramani, Advs',
			'counseldef' => ' Altaf Ahmed, Addl. Solicitor General, ; S.K. Mehta, ; A. Mariarp',
			'court' => 'Supreme Court of India',
			'court_type' => 'SC',
			'decidedon' => '1991-08-14',
			'deposition' => '',
			'favorof' => null,
			'findings' => null,
			'judge' => ' Ranganath Misra, C.J.,; M.H. Kania and; Kuldip Singh, JJ.',
			'judgement' => 'ORDER<p style="text-align: justify;">Ranganath Misra, C.J.</p><p style="text-align: justify;">1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.</p><p style="text-align: justify;">2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; </p><p style="text-align: justify;">The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same</p><p style="text-align: justify;">Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.</p><p style="text-align: justify;">3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.</p><p style="text-align: justify;">4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.</p><p style="text-align: justify;">5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.</p><p style="text-align: justify;">6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.</p><p style="text-align: justify;">7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.<p style="text-align: justify;"></p><p style="text-align: justify;">',
			'observations' => null,
			'overruledby' => null,
			'prhistory' => '',
			'pubs' => '[1991(63)FLR549]; JT1991(3)SC525; 1991(2)SCALE325; (1991)4SCC171; [1991]3SCR595a; 1991(2)LC519(SC)',
			'ratiodecidendi' => '',
			'respondent' => 'Union of India (Uoi) and ors.',
			'sub' => 'Service',
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			'circuit' => null
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$title_for_layout = 'Dr V P Chaturvedi and ors Vs Union of India Uoi and ors - Citation 662665 - Court Judgment | '
$desc = array(
	'Judgement' => array(
		'id' => '662665',
		'acts' => '',
		'appealno' => 'Writ Petition No. 917 of 1990 with I.A. Nos. 1-3 of 1990 in Writ Petition (Civil) No. 9 of 1988 and ',
		'appellant' => 'Dr V.P. Chaturvedi and ors.',
		'authreffered' => '',
		'casename' => 'Dr V.P. Chaturvedi and ors. Vs. Union of India (Uoi) and ors.',
		'casenote' => 'Service - research work - Service Law - quality of work in research institutes specialised in their fields bound to be better than research carried on by manufacturers themselves - scheme could be evolved by which established drug manufacturers could be required to participate in such supporting programmes by supporting particular research projects - continuing research keeps up level of knowledge and helps enhancement of efficiency of treatment of diseases and in matter of providing relief to patients - research must be done as project wise to improve efficiency.<br><br> - Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Power of State /its instrumentalities to not accept highest bid (or lowest bid, as the case may be) When available -  Held,  A tender is an offer. It is something which invites and is communicated to notify acceptance. It must be unconditional, must be in the proper form, the person by whom tender is made must be able to and willing to perform his obligations. The terms of the invitation to tender cannot be open to judicial scrutiny because the invitation to tender is in the realm of contract. However, a limited judicial review may be available in cases where it is established that the terms of the invitation to tender were so tailor-made to suit the convenience f any particular person with a view to eliminate all others from participating in the bidding process. The bidders participating in the tender process have no other right except the right to equality and fair treatment in the matter of evaluation of competitive bids offered by interested persons in response to notice inviting tenders in a transparent manner and free from hidden agenda. One cannot challenge the terms and conditions of the tender except on the above stated ground, the reason being the terms of the invitation to tender are in the realm of the contract. No bidder is entitled as a matter of right to insist the authority inviting tenders to enter into further negotiations unless the terms and conditions of notice so provided for such negotiations. It is so well settled in law and needs no restatement, that disposal of the public property by the State or its instrumentalities partakes the character of a trust. The methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. The Authority has the right not to accept the highest bid and even to prefer a tender other than the highest bidder, if there exist good and sufficient reasons, such as, the highest bid not representing the market price but there cannot be any doubt that the Authoritys action in accepting or refusing the bid must be free from arbitrariness  favouritism. In the present case, the tender notice makes it abundantly clear that the two plots of land admeasuring 37,000 and 20,000 sq m meant for establishing engineering colleges were advertised as a single item, though the specified reserved price was different. The respondent AMS itself mentioned different and separate bids in its tender and made a bid for the 20,000 sq m plot which was less than the reserved price. The appellant Authority (MDA) was not under any legal or constitutional obligation to entertain the bid which was much below the reserved the price. MDA though not under any obligation, provided a further opportunity to AMS and expressed its willingness to part with the 20,000 sq m plot provided AMS agreed to pay the reserved rate. AMS did not avail this opportunity. Even at this stage AMS did not say that it was under some confusion as regrds the specified reserved price. No objections were raised whatsoever in this regard. Instead it made a request that the two plots be segregated and the 37,000 sq m be allotted to it while the other plot 20,000 sq m may be deleted from ..offer as the cost of that  land is not viable. AMS expressed its desire to purchase the said land at its lower, bid price only.  AMS proceeded on the assumption as if it had some unassailable right in respect of the said plot of land merely because it had earlier got allotted an adjoining plot of land for the construction of its buildings. Had the Authority conceded to the request so made by AMS it would have been an unfair and arbitrary decision and the courts may have interfered with the same in exercise of judicial review power. The tender process actually stood terminated with the letter of MDA dated 27.11.2001 allotting the 37,000 sq m of land alone. The rights of AMS, if any came to an end when it informed MDA that it was not claiming any right over the land admeasuring 20,000 sq m and made a further request to delete its offer in respect of the said land. The subsequent letters sent by AMS at its own choice are of no consequence.  The correspondence on record makes it clear that there was no confusion whatsoever with regard to reserved price fixed. Once it is clear that there was no vagueness, uncertainty or any confusion with regard to the reserved price there is no scope for any interference in the matter by the Court. The terms and conditions of the tender were expressly clear by which the Authority as well as the bidders were bound and such conditions are not open to judicial scrutiny unless the action of the tendering authority is found to be malicious and misuse of its statutory powers. The bids offered by AMS received their due attention in a fair and transparent manner free from any bias at the hands of MDA. No rights of AMS have been infringed by MDA in not giving opportunity to involve itself in lengthy negotiations. The Authority was free to make it choice and t invite fresh bids after AMS relinquished it claim in respect of the disputed plot vide letter dated 17.9.2001 which was accepted by MDA. The decision of the Authority was duly communicated to AMS by MDA fide its letter dated 27.11.2001. The decision so taken by MDA resulted in no infringement of rights of AMS. Hence, MDA shall be at liberty to call for fresh tenders in accordance with law but duly notifying the land use for both educational and residential and invite bids accordingly. It shall permit AMS and other educational institutions intending to participate in the auction. In view of the undertaking given by MDA it shall not raise any objection for the use of the land for educational purposes in case any educational institution is found to be the successful bidder. The bids shall obviously be invited from the intending bidders duly notifying the residential and educational use.  

Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Nature of Disposal of public property by State Methods for disposal of  Rights of bidder -  Held, Bidders participating in the tender process have no other right except the right to equality and fair treatment. Terms of invitation to tender are not open to judicial scrutiny as they lie in realm of contract. Disposal of public property by State or its instrumentalities partakes the character f a trust. Methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. Meerut Development Authority v Association of Management Studies & anr. 

Government Contracts/Tenders :[L.S. Panta & B. Sudershan Reddy, JJ] Tender conditions/NIT Binding effect of Non-adherence by bidder  Held, Authority is not obliged to entertain tender in such a case. Allotment of land in residential scheme for educational use - Reserved rate fixed at 50% of sector rate under G.O. dated 19.4.1996-Respondents commercial offer for one of two plots being less than reserved rate -Rejected by appellant Authority  Legality - Respondent informing appellant Authority to delete the said plot from their offer - Appellant confirming allotment of other plot of land to respondent Subsequently, respondent requesting Authority to allot the deleted plot at the reserved price - Appellant re-auctioning land with change in land use conditions   High Court allowing writ petition of respondent there against holding there was a concluded contract between the parties - Sustainability of Held, Tender process stood terminated on Authority allotting the one plot alone  Rights of respondent, if any, ended when it informed the Authority to delete it offer vis--vis the deleted plot. There was not vagueness, uncertainty or confusion with regard to reserved price -No scope for any interference-Authority as well as the bidders were bound by such conditions Reiterated, tender conditions are not open to judicial scrutiny unless action of tendering authority is found to be malicious and a misuse of statutory powers In present case, bids offered by respondent received due attention in a fair and transparent manner free from any bias by appellant Authority-Refusal to accept tender of from any bias by appellant Authority Refusal to accept tender of respondent on ground that the offer made was lower than the reserved price is legal and valid-No rights of respondent infringed by appellant Authority  Costs imposed on respondent.

Government Grants & Largesse: [L.S. Panta & B. Sudershan Reddy, JJ] Getting full value in sale of State-owned natural assets  Held, The struggle to get for the State the full value of its resources is particularly pronounced in the sale of State-owned natural assets to the private sector. Whenever the Government or the authorities get less than the full value of the asset, the country is being cheated; there is a simple transfer of wealth from the citizens as a whole to whoever gets the assets at a discount. Most of the times the wealth of a State goes to the individuals within the country rather than to multi-national corporations; still, wealth slips away that ought to belong to the nation as a whole.  -  The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. In fact project-wise research helps to generate better efficiency than advertised research organisation.',
		'caseanalysis' => null,
		'casesref' => '',
		'citingcases' => '',
		'counselplain' => ' S.K. Bhattacharya and; R. Venkataramani, Advs',
		'counseldef' => ' Altaf Ahmed, Addl. Solicitor General, ; S.K. Mehta, ; A. Mariarp',
		'court' => 'Supreme Court of India',
		'court_type' => 'SC',
		'decidedon' => '1991-08-14',
		'deposition' => '',
		'favorof' => null,
		'findings' => null,
		'judge' => ' Ranganath Misra, C.J.,; M.H. Kania and; Kuldip Singh, JJ.',
		'judgement' => 'ORDER<p>Ranganath Misra, C.J.</p><p>1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.</p><p>2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; </p><p>The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same</p><p>Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.</p><p>3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.</p><p>4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.</p><p>5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.</p><p>6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.</p><p>7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.<p></p><p>',
		'observations' => null,
		'overruledby' => null,
		'prhistory' => '',
		'pubs' => '[1991(63)FLR549]; JT1991(3)SC525; 1991(2)SCALE325; (1991)4SCC171; [1991]3SCR595a; 1991(2)LC519(SC)',
		'ratiodecidendi' => '',
		'respondent' => 'Union of India (Uoi) and ors.',
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		'circuit' => null
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	(int) 0 => 'ORDER<p>Ranganath Misra, C.J.',
	(int) 1 => '<p>1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.',
	(int) 2 => '<p>2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; ',
	(int) 3 => '<p>The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same',
	(int) 4 => '<p>Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.',
	(int) 5 => '<p>3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.',
	(int) 6 => '<p>4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.',
	(int) 7 => '<p>5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.',
	(int) 8 => '<p>6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.',
	(int) 9 => '<p>7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.<p>',
	(int) 10 => '<p>'
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3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.

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	'title_for_layout' => 'Dr V P Chaturvedi and ors Vs Union of India Uoi and ors - Citation 662665 - Court Judgment | ',
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		'Judgement' => array(
			'id' => '662665',
			'acts' => '',
			'appealno' => 'Writ Petition No. 917 of 1990 with I.A. Nos. 1-3 of 1990 in Writ Petition (Civil) No. 9 of 1988 and ',
			'appellant' => 'Dr V.P. Chaturvedi and ors.',
			'authreffered' => '',
			'casename' => 'Dr V.P. Chaturvedi and ors. Vs. Union of India (Uoi) and ors.',
			'casenote' => 'Service - research work - Service Law - quality of work in research institutes specialised in their fields bound to be better than research carried on by manufacturers themselves - scheme could be evolved by which established drug manufacturers could be required to participate in such supporting programmes by supporting particular research projects - continuing research keeps up level of knowledge and helps enhancement of efficiency of treatment of diseases and in matter of providing relief to patients - research must be done as project wise to improve efficiency.<br><br> - Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Power of State /its instrumentalities to not accept highest bid (or lowest bid, as the case may be) When available -  Held,  A tender is an offer. It is something which invites and is communicated to notify acceptance. It must be unconditional, must be in the proper form, the person by whom tender is made must be able to and willing to perform his obligations. The terms of the invitation to tender cannot be open to judicial scrutiny because the invitation to tender is in the realm of contract. However, a limited judicial review may be available in cases where it is established that the terms of the invitation to tender were so tailor-made to suit the convenience f any particular person with a view to eliminate all others from participating in the bidding process. The bidders participating in the tender process have no other right except the right to equality and fair treatment in the matter of evaluation of competitive bids offered by interested persons in response to notice inviting tenders in a transparent manner and free from hidden agenda. One cannot challenge the terms and conditions of the tender except on the above stated ground, the reason being the terms of the invitation to tender are in the realm of the contract. No bidder is entitled as a matter of right to insist the authority inviting tenders to enter into further negotiations unless the terms and conditions of notice so provided for such negotiations. It is so well settled in law and needs no restatement, that disposal of the public property by the State or its instrumentalities partakes the character of a trust. The methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. The Authority has the right not to accept the highest bid and even to prefer a tender other than the highest bidder, if there exist good and sufficient reasons, such as, the highest bid not representing the market price but there cannot be any doubt that the Authoritys action in accepting or refusing the bid must be free from arbitrariness  favouritism. In the present case, the tender notice makes it abundantly clear that the two plots of land admeasuring 37,000 and 20,000 sq m meant for establishing engineering colleges were advertised as a single item, though the specified reserved price was different. The respondent AMS itself mentioned different and separate bids in its tender and made a bid for the 20,000 sq m plot which was less than the reserved price. The appellant Authority (MDA) was not under any legal or constitutional obligation to entertain the bid which was much below the reserved the price. MDA though not under any obligation, provided a further opportunity to AMS and expressed its willingness to part with the 20,000 sq m plot provided AMS agreed to pay the reserved rate. AMS did not avail this opportunity. Even at this stage AMS did not say that it was under some confusion as regrds the specified reserved price. No objections were raised whatsoever in this regard. Instead it made a request that the two plots be segregated and the 37,000 sq m be allotted to it while the other plot 20,000 sq m may be deleted from ..offer as the cost of that  land is not viable. AMS expressed its desire to purchase the said land at its lower, bid price only.  AMS proceeded on the assumption as if it had some unassailable right in respect of the said plot of land merely because it had earlier got allotted an adjoining plot of land for the construction of its buildings. Had the Authority conceded to the request so made by AMS it would have been an unfair and arbitrary decision and the courts may have interfered with the same in exercise of judicial review power. The tender process actually stood terminated with the letter of MDA dated 27.11.2001 allotting the 37,000 sq m of land alone. The rights of AMS, if any came to an end when it informed MDA that it was not claiming any right over the land admeasuring 20,000 sq m and made a further request to delete its offer in respect of the said land. The subsequent letters sent by AMS at its own choice are of no consequence.  The correspondence on record makes it clear that there was no confusion whatsoever with regard to reserved price fixed. Once it is clear that there was no vagueness, uncertainty or any confusion with regard to the reserved price there is no scope for any interference in the matter by the Court. The terms and conditions of the tender were expressly clear by which the Authority as well as the bidders were bound and such conditions are not open to judicial scrutiny unless the action of the tendering authority is found to be malicious and misuse of its statutory powers. The bids offered by AMS received their due attention in a fair and transparent manner free from any bias at the hands of MDA. No rights of AMS have been infringed by MDA in not giving opportunity to involve itself in lengthy negotiations. The Authority was free to make it choice and t invite fresh bids after AMS relinquished it claim in respect of the disputed plot vide letter dated 17.9.2001 which was accepted by MDA. The decision of the Authority was duly communicated to AMS by MDA fide its letter dated 27.11.2001. The decision so taken by MDA resulted in no infringement of rights of AMS. Hence, MDA shall be at liberty to call for fresh tenders in accordance with law but duly notifying the land use for both educational and residential and invite bids accordingly. It shall permit AMS and other educational institutions intending to participate in the auction. In view of the undertaking given by MDA it shall not raise any objection for the use of the land for educational purposes in case any educational institution is found to be the successful bidder. The bids shall obviously be invited from the intending bidders duly notifying the residential and educational use.  

Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Nature of Disposal of public property by State Methods for disposal of  Rights of bidder -  Held, Bidders participating in the tender process have no other right except the right to equality and fair treatment. Terms of invitation to tender are not open to judicial scrutiny as they lie in realm of contract. Disposal of public property by State or its instrumentalities partakes the character f a trust. Methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. Meerut Development Authority v Association of Management Studies & anr. 

Government Contracts/Tenders :[L.S. Panta & B. Sudershan Reddy, JJ] Tender conditions/NIT Binding effect of Non-adherence by bidder  Held, Authority is not obliged to entertain tender in such a case. Allotment of land in residential scheme for educational use - Reserved rate fixed at 50% of sector rate under G.O. dated 19.4.1996-Respondents commercial offer for one of two plots being less than reserved rate -Rejected by appellant Authority  Legality - Respondent informing appellant Authority to delete the said plot from their offer - Appellant confirming allotment of other plot of land to respondent Subsequently, respondent requesting Authority to allot the deleted plot at the reserved price - Appellant re-auctioning land with change in land use conditions   High Court allowing writ petition of respondent there against holding there was a concluded contract between the parties - Sustainability of Held, Tender process stood terminated on Authority allotting the one plot alone  Rights of respondent, if any, ended when it informed the Authority to delete it offer vis--vis the deleted plot. There was not vagueness, uncertainty or confusion with regard to reserved price -No scope for any interference-Authority as well as the bidders were bound by such conditions Reiterated, tender conditions are not open to judicial scrutiny unless action of tendering authority is found to be malicious and a misuse of statutory powers In present case, bids offered by respondent received due attention in a fair and transparent manner free from any bias by appellant Authority-Refusal to accept tender of from any bias by appellant Authority Refusal to accept tender of respondent on ground that the offer made was lower than the reserved price is legal and valid-No rights of respondent infringed by appellant Authority  Costs imposed on respondent.

Government Grants & Largesse: [L.S. Panta & B. Sudershan Reddy, JJ] Getting full value in sale of State-owned natural assets  Held, The struggle to get for the State the full value of its resources is particularly pronounced in the sale of State-owned natural assets to the private sector. Whenever the Government or the authorities get less than the full value of the asset, the country is being cheated; there is a simple transfer of wealth from the citizens as a whole to whoever gets the assets at a discount. Most of the times the wealth of a State goes to the individuals within the country rather than to multi-national corporations; still, wealth slips away that ought to belong to the nation as a whole.  -  The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. In fact project-wise research helps to generate better efficiency than advertised research organisation.',
			'caseanalysis' => null,
			'casesref' => '',
			'citingcases' => '',
			'counselplain' => ' S.K. Bhattacharya and; R. Venkataramani, Advs',
			'counseldef' => ' Altaf Ahmed, Addl. Solicitor General, ; S.K. Mehta, ; A. Mariarp',
			'court' => 'Supreme Court of India',
			'court_type' => 'SC',
			'decidedon' => '1991-08-14',
			'deposition' => '',
			'favorof' => null,
			'findings' => null,
			'judge' => ' Ranganath Misra, C.J.,; M.H. Kania and; Kuldip Singh, JJ.',
			'judgement' => 'ORDER<p style="text-align: justify;">Ranganath Misra, C.J.</p><p style="text-align: justify;">1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.</p><p style="text-align: justify;">2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; </p><p style="text-align: justify;">The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same</p><p style="text-align: justify;">Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.</p><p style="text-align: justify;">3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.</p><p style="text-align: justify;">4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.</p><p style="text-align: justify;">5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.</p><p style="text-align: justify;">6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.</p><p style="text-align: justify;">7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.<p style="text-align: justify;"></p><p style="text-align: justify;">',
			'observations' => null,
			'overruledby' => null,
			'prhistory' => '',
			'pubs' => '[1991(63)FLR549]; JT1991(3)SC525; 1991(2)SCALE325; (1991)4SCC171; [1991]3SCR595a; 1991(2)LC519(SC)',
			'ratiodecidendi' => '',
			'respondent' => 'Union of India (Uoi) and ors.',
			'sub' => 'Service',
			'link' => null,
			'circuit' => null
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	'casename_url' => 'dr-v-p-chaturvedi-vs-union-india',
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		(int) 1 => 'dr-v-p-chaturvedi-vs-union-india'
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$title_for_layout = 'Dr V P Chaturvedi and ors Vs Union of India Uoi and ors - Citation 662665 - Court Judgment | '
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	'Judgement' => array(
		'id' => '662665',
		'acts' => '',
		'appealno' => 'Writ Petition No. 917 of 1990 with I.A. Nos. 1-3 of 1990 in Writ Petition (Civil) No. 9 of 1988 and ',
		'appellant' => 'Dr V.P. Chaturvedi and ors.',
		'authreffered' => '',
		'casename' => 'Dr V.P. Chaturvedi and ors. Vs. Union of India (Uoi) and ors.',
		'casenote' => 'Service - research work - Service Law - quality of work in research institutes specialised in their fields bound to be better than research carried on by manufacturers themselves - scheme could be evolved by which established drug manufacturers could be required to participate in such supporting programmes by supporting particular research projects - continuing research keeps up level of knowledge and helps enhancement of efficiency of treatment of diseases and in matter of providing relief to patients - research must be done as project wise to improve efficiency.<br><br> - Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Power of State /its instrumentalities to not accept highest bid (or lowest bid, as the case may be) When available -  Held,  A tender is an offer. It is something which invites and is communicated to notify acceptance. It must be unconditional, must be in the proper form, the person by whom tender is made must be able to and willing to perform his obligations. The terms of the invitation to tender cannot be open to judicial scrutiny because the invitation to tender is in the realm of contract. However, a limited judicial review may be available in cases where it is established that the terms of the invitation to tender were so tailor-made to suit the convenience f any particular person with a view to eliminate all others from participating in the bidding process. The bidders participating in the tender process have no other right except the right to equality and fair treatment in the matter of evaluation of competitive bids offered by interested persons in response to notice inviting tenders in a transparent manner and free from hidden agenda. One cannot challenge the terms and conditions of the tender except on the above stated ground, the reason being the terms of the invitation to tender are in the realm of the contract. No bidder is entitled as a matter of right to insist the authority inviting tenders to enter into further negotiations unless the terms and conditions of notice so provided for such negotiations. It is so well settled in law and needs no restatement, that disposal of the public property by the State or its instrumentalities partakes the character of a trust. The methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. The Authority has the right not to accept the highest bid and even to prefer a tender other than the highest bidder, if there exist good and sufficient reasons, such as, the highest bid not representing the market price but there cannot be any doubt that the Authoritys action in accepting or refusing the bid must be free from arbitrariness  favouritism. In the present case, the tender notice makes it abundantly clear that the two plots of land admeasuring 37,000 and 20,000 sq m meant for establishing engineering colleges were advertised as a single item, though the specified reserved price was different. The respondent AMS itself mentioned different and separate bids in its tender and made a bid for the 20,000 sq m plot which was less than the reserved price. The appellant Authority (MDA) was not under any legal or constitutional obligation to entertain the bid which was much below the reserved the price. MDA though not under any obligation, provided a further opportunity to AMS and expressed its willingness to part with the 20,000 sq m plot provided AMS agreed to pay the reserved rate. AMS did not avail this opportunity. Even at this stage AMS did not say that it was under some confusion as regrds the specified reserved price. No objections were raised whatsoever in this regard. Instead it made a request that the two plots be segregated and the 37,000 sq m be allotted to it while the other plot 20,000 sq m may be deleted from ..offer as the cost of that  land is not viable. AMS expressed its desire to purchase the said land at its lower, bid price only.  AMS proceeded on the assumption as if it had some unassailable right in respect of the said plot of land merely because it had earlier got allotted an adjoining plot of land for the construction of its buildings. Had the Authority conceded to the request so made by AMS it would have been an unfair and arbitrary decision and the courts may have interfered with the same in exercise of judicial review power. The tender process actually stood terminated with the letter of MDA dated 27.11.2001 allotting the 37,000 sq m of land alone. The rights of AMS, if any came to an end when it informed MDA that it was not claiming any right over the land admeasuring 20,000 sq m and made a further request to delete its offer in respect of the said land. The subsequent letters sent by AMS at its own choice are of no consequence.  The correspondence on record makes it clear that there was no confusion whatsoever with regard to reserved price fixed. Once it is clear that there was no vagueness, uncertainty or any confusion with regard to the reserved price there is no scope for any interference in the matter by the Court. The terms and conditions of the tender were expressly clear by which the Authority as well as the bidders were bound and such conditions are not open to judicial scrutiny unless the action of the tendering authority is found to be malicious and misuse of its statutory powers. The bids offered by AMS received their due attention in a fair and transparent manner free from any bias at the hands of MDA. No rights of AMS have been infringed by MDA in not giving opportunity to involve itself in lengthy negotiations. The Authority was free to make it choice and t invite fresh bids after AMS relinquished it claim in respect of the disputed plot vide letter dated 17.9.2001 which was accepted by MDA. The decision of the Authority was duly communicated to AMS by MDA fide its letter dated 27.11.2001. The decision so taken by MDA resulted in no infringement of rights of AMS. Hence, MDA shall be at liberty to call for fresh tenders in accordance with law but duly notifying the land use for both educational and residential and invite bids accordingly. It shall permit AMS and other educational institutions intending to participate in the auction. In view of the undertaking given by MDA it shall not raise any objection for the use of the land for educational purposes in case any educational institution is found to be the successful bidder. The bids shall obviously be invited from the intending bidders duly notifying the residential and educational use.  

Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Nature of Disposal of public property by State Methods for disposal of  Rights of bidder -  Held, Bidders participating in the tender process have no other right except the right to equality and fair treatment. Terms of invitation to tender are not open to judicial scrutiny as they lie in realm of contract. Disposal of public property by State or its instrumentalities partakes the character f a trust. Methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. Meerut Development Authority v Association of Management Studies & anr. 

Government Contracts/Tenders :[L.S. Panta & B. Sudershan Reddy, JJ] Tender conditions/NIT Binding effect of Non-adherence by bidder  Held, Authority is not obliged to entertain tender in such a case. Allotment of land in residential scheme for educational use - Reserved rate fixed at 50% of sector rate under G.O. dated 19.4.1996-Respondents commercial offer for one of two plots being less than reserved rate -Rejected by appellant Authority  Legality - Respondent informing appellant Authority to delete the said plot from their offer - Appellant confirming allotment of other plot of land to respondent Subsequently, respondent requesting Authority to allot the deleted plot at the reserved price - Appellant re-auctioning land with change in land use conditions   High Court allowing writ petition of respondent there against holding there was a concluded contract between the parties - Sustainability of Held, Tender process stood terminated on Authority allotting the one plot alone  Rights of respondent, if any, ended when it informed the Authority to delete it offer vis--vis the deleted plot. There was not vagueness, uncertainty or confusion with regard to reserved price -No scope for any interference-Authority as well as the bidders were bound by such conditions Reiterated, tender conditions are not open to judicial scrutiny unless action of tendering authority is found to be malicious and a misuse of statutory powers In present case, bids offered by respondent received due attention in a fair and transparent manner free from any bias by appellant Authority-Refusal to accept tender of from any bias by appellant Authority Refusal to accept tender of respondent on ground that the offer made was lower than the reserved price is legal and valid-No rights of respondent infringed by appellant Authority  Costs imposed on respondent.

Government Grants & Largesse: [L.S. Panta & B. Sudershan Reddy, JJ] Getting full value in sale of State-owned natural assets  Held, The struggle to get for the State the full value of its resources is particularly pronounced in the sale of State-owned natural assets to the private sector. Whenever the Government or the authorities get less than the full value of the asset, the country is being cheated; there is a simple transfer of wealth from the citizens as a whole to whoever gets the assets at a discount. Most of the times the wealth of a State goes to the individuals within the country rather than to multi-national corporations; still, wealth slips away that ought to belong to the nation as a whole.  -  The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. In fact project-wise research helps to generate better efficiency than advertised research organisation.',
		'caseanalysis' => null,
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		'citingcases' => '',
		'counselplain' => ' S.K. Bhattacharya and; R. Venkataramani, Advs',
		'counseldef' => ' Altaf Ahmed, Addl. Solicitor General, ; S.K. Mehta, ; A. Mariarp',
		'court' => 'Supreme Court of India',
		'court_type' => 'SC',
		'decidedon' => '1991-08-14',
		'deposition' => '',
		'favorof' => null,
		'findings' => null,
		'judge' => ' Ranganath Misra, C.J.,; M.H. Kania and; Kuldip Singh, JJ.',
		'judgement' => 'ORDER<p>Ranganath Misra, C.J.</p><p>1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.</p><p>2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; </p><p>The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same</p><p>Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.</p><p>3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.</p><p>4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.</p><p>5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.</p><p>6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.</p><p>7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.<p></p><p>',
		'observations' => null,
		'overruledby' => null,
		'prhistory' => '',
		'pubs' => '[1991(63)FLR549]; JT1991(3)SC525; 1991(2)SCALE325; (1991)4SCC171; [1991]3SCR595a; 1991(2)LC519(SC)',
		'ratiodecidendi' => '',
		'respondent' => 'Union of India (Uoi) and ors.',
		'sub' => 'Service',
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		'circuit' => null
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	(int) 0 => 'ORDER<p>Ranganath Misra, C.J.',
	(int) 1 => '<p>1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.',
	(int) 2 => '<p>2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; ',
	(int) 3 => '<p>The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same',
	(int) 4 => '<p>Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.',
	(int) 5 => '<p>3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.',
	(int) 6 => '<p>4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.',
	(int) 7 => '<p>5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.',
	(int) 8 => '<p>6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.',
	(int) 9 => '<p>7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.<p>',
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4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.

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	'title_for_layout' => 'Dr V P Chaturvedi and ors Vs Union of India Uoi and ors - Citation 662665 - Court Judgment | ',
	'desc' => array(
		'Judgement' => array(
			'id' => '662665',
			'acts' => '',
			'appealno' => 'Writ Petition No. 917 of 1990 with I.A. Nos. 1-3 of 1990 in Writ Petition (Civil) No. 9 of 1988 and ',
			'appellant' => 'Dr V.P. Chaturvedi and ors.',
			'authreffered' => '',
			'casename' => 'Dr V.P. Chaturvedi and ors. Vs. Union of India (Uoi) and ors.',
			'casenote' => 'Service - research work - Service Law - quality of work in research institutes specialised in their fields bound to be better than research carried on by manufacturers themselves - scheme could be evolved by which established drug manufacturers could be required to participate in such supporting programmes by supporting particular research projects - continuing research keeps up level of knowledge and helps enhancement of efficiency of treatment of diseases and in matter of providing relief to patients - research must be done as project wise to improve efficiency.<br><br> - Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Power of State /its instrumentalities to not accept highest bid (or lowest bid, as the case may be) When available -  Held,  A tender is an offer. It is something which invites and is communicated to notify acceptance. It must be unconditional, must be in the proper form, the person by whom tender is made must be able to and willing to perform his obligations. The terms of the invitation to tender cannot be open to judicial scrutiny because the invitation to tender is in the realm of contract. However, a limited judicial review may be available in cases where it is established that the terms of the invitation to tender were so tailor-made to suit the convenience f any particular person with a view to eliminate all others from participating in the bidding process. The bidders participating in the tender process have no other right except the right to equality and fair treatment in the matter of evaluation of competitive bids offered by interested persons in response to notice inviting tenders in a transparent manner and free from hidden agenda. One cannot challenge the terms and conditions of the tender except on the above stated ground, the reason being the terms of the invitation to tender are in the realm of the contract. No bidder is entitled as a matter of right to insist the authority inviting tenders to enter into further negotiations unless the terms and conditions of notice so provided for such negotiations. It is so well settled in law and needs no restatement, that disposal of the public property by the State or its instrumentalities partakes the character of a trust. The methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. The Authority has the right not to accept the highest bid and even to prefer a tender other than the highest bidder, if there exist good and sufficient reasons, such as, the highest bid not representing the market price but there cannot be any doubt that the Authoritys action in accepting or refusing the bid must be free from arbitrariness  favouritism. In the present case, the tender notice makes it abundantly clear that the two plots of land admeasuring 37,000 and 20,000 sq m meant for establishing engineering colleges were advertised as a single item, though the specified reserved price was different. The respondent AMS itself mentioned different and separate bids in its tender and made a bid for the 20,000 sq m plot which was less than the reserved price. The appellant Authority (MDA) was not under any legal or constitutional obligation to entertain the bid which was much below the reserved the price. MDA though not under any obligation, provided a further opportunity to AMS and expressed its willingness to part with the 20,000 sq m plot provided AMS agreed to pay the reserved rate. AMS did not avail this opportunity. Even at this stage AMS did not say that it was under some confusion as regrds the specified reserved price. No objections were raised whatsoever in this regard. Instead it made a request that the two plots be segregated and the 37,000 sq m be allotted to it while the other plot 20,000 sq m may be deleted from ..offer as the cost of that  land is not viable. AMS expressed its desire to purchase the said land at its lower, bid price only.  AMS proceeded on the assumption as if it had some unassailable right in respect of the said plot of land merely because it had earlier got allotted an adjoining plot of land for the construction of its buildings. Had the Authority conceded to the request so made by AMS it would have been an unfair and arbitrary decision and the courts may have interfered with the same in exercise of judicial review power. The tender process actually stood terminated with the letter of MDA dated 27.11.2001 allotting the 37,000 sq m of land alone. The rights of AMS, if any came to an end when it informed MDA that it was not claiming any right over the land admeasuring 20,000 sq m and made a further request to delete its offer in respect of the said land. The subsequent letters sent by AMS at its own choice are of no consequence.  The correspondence on record makes it clear that there was no confusion whatsoever with regard to reserved price fixed. Once it is clear that there was no vagueness, uncertainty or any confusion with regard to the reserved price there is no scope for any interference in the matter by the Court. The terms and conditions of the tender were expressly clear by which the Authority as well as the bidders were bound and such conditions are not open to judicial scrutiny unless the action of the tendering authority is found to be malicious and misuse of its statutory powers. The bids offered by AMS received their due attention in a fair and transparent manner free from any bias at the hands of MDA. No rights of AMS have been infringed by MDA in not giving opportunity to involve itself in lengthy negotiations. The Authority was free to make it choice and t invite fresh bids after AMS relinquished it claim in respect of the disputed plot vide letter dated 17.9.2001 which was accepted by MDA. The decision of the Authority was duly communicated to AMS by MDA fide its letter dated 27.11.2001. The decision so taken by MDA resulted in no infringement of rights of AMS. Hence, MDA shall be at liberty to call for fresh tenders in accordance with law but duly notifying the land use for both educational and residential and invite bids accordingly. It shall permit AMS and other educational institutions intending to participate in the auction. In view of the undertaking given by MDA it shall not raise any objection for the use of the land for educational purposes in case any educational institution is found to be the successful bidder. The bids shall obviously be invited from the intending bidders duly notifying the residential and educational use.  

Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Nature of Disposal of public property by State Methods for disposal of  Rights of bidder -  Held, Bidders participating in the tender process have no other right except the right to equality and fair treatment. Terms of invitation to tender are not open to judicial scrutiny as they lie in realm of contract. Disposal of public property by State or its instrumentalities partakes the character f a trust. Methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. Meerut Development Authority v Association of Management Studies & anr. 

Government Contracts/Tenders :[L.S. Panta & B. Sudershan Reddy, JJ] Tender conditions/NIT Binding effect of Non-adherence by bidder  Held, Authority is not obliged to entertain tender in such a case. Allotment of land in residential scheme for educational use - Reserved rate fixed at 50% of sector rate under G.O. dated 19.4.1996-Respondents commercial offer for one of two plots being less than reserved rate -Rejected by appellant Authority  Legality - Respondent informing appellant Authority to delete the said plot from their offer - Appellant confirming allotment of other plot of land to respondent Subsequently, respondent requesting Authority to allot the deleted plot at the reserved price - Appellant re-auctioning land with change in land use conditions   High Court allowing writ petition of respondent there against holding there was a concluded contract between the parties - Sustainability of Held, Tender process stood terminated on Authority allotting the one plot alone  Rights of respondent, if any, ended when it informed the Authority to delete it offer vis--vis the deleted plot. There was not vagueness, uncertainty or confusion with regard to reserved price -No scope for any interference-Authority as well as the bidders were bound by such conditions Reiterated, tender conditions are not open to judicial scrutiny unless action of tendering authority is found to be malicious and a misuse of statutory powers In present case, bids offered by respondent received due attention in a fair and transparent manner free from any bias by appellant Authority-Refusal to accept tender of from any bias by appellant Authority Refusal to accept tender of respondent on ground that the offer made was lower than the reserved price is legal and valid-No rights of respondent infringed by appellant Authority  Costs imposed on respondent.

Government Grants & Largesse: [L.S. Panta & B. Sudershan Reddy, JJ] Getting full value in sale of State-owned natural assets  Held, The struggle to get for the State the full value of its resources is particularly pronounced in the sale of State-owned natural assets to the private sector. Whenever the Government or the authorities get less than the full value of the asset, the country is being cheated; there is a simple transfer of wealth from the citizens as a whole to whoever gets the assets at a discount. Most of the times the wealth of a State goes to the individuals within the country rather than to multi-national corporations; still, wealth slips away that ought to belong to the nation as a whole.  -  The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. In fact project-wise research helps to generate better efficiency than advertised research organisation.',
			'caseanalysis' => null,
			'casesref' => '',
			'citingcases' => '',
			'counselplain' => ' S.K. Bhattacharya and; R. Venkataramani, Advs',
			'counseldef' => ' Altaf Ahmed, Addl. Solicitor General, ; S.K. Mehta, ; A. Mariarp',
			'court' => 'Supreme Court of India',
			'court_type' => 'SC',
			'decidedon' => '1991-08-14',
			'deposition' => '',
			'favorof' => null,
			'findings' => null,
			'judge' => ' Ranganath Misra, C.J.,; M.H. Kania and; Kuldip Singh, JJ.',
			'judgement' => 'ORDER<p style="text-align: justify;">Ranganath Misra, C.J.</p><p style="text-align: justify;">1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.</p><p style="text-align: justify;">2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; </p><p style="text-align: justify;">The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same</p><p style="text-align: justify;">Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.</p><p style="text-align: justify;">3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.</p><p style="text-align: justify;">4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.</p><p style="text-align: justify;">5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.</p><p style="text-align: justify;">6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.</p><p style="text-align: justify;">7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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		'id' => '662665',
		'acts' => '',
		'appealno' => 'Writ Petition No. 917 of 1990 with I.A. Nos. 1-3 of 1990 in Writ Petition (Civil) No. 9 of 1988 and ',
		'appellant' => 'Dr V.P. Chaturvedi and ors.',
		'authreffered' => '',
		'casename' => 'Dr V.P. Chaturvedi and ors. Vs. Union of India (Uoi) and ors.',
		'casenote' => 'Service - research work - Service Law - quality of work in research institutes specialised in their fields bound to be better than research carried on by manufacturers themselves - scheme could be evolved by which established drug manufacturers could be required to participate in such supporting programmes by supporting particular research projects - continuing research keeps up level of knowledge and helps enhancement of efficiency of treatment of diseases and in matter of providing relief to patients - research must be done as project wise to improve efficiency.<br><br> - Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Power of State /its instrumentalities to not accept highest bid (or lowest bid, as the case may be) When available -  Held,  A tender is an offer. It is something which invites and is communicated to notify acceptance. It must be unconditional, must be in the proper form, the person by whom tender is made must be able to and willing to perform his obligations. The terms of the invitation to tender cannot be open to judicial scrutiny because the invitation to tender is in the realm of contract. However, a limited judicial review may be available in cases where it is established that the terms of the invitation to tender were so tailor-made to suit the convenience f any particular person with a view to eliminate all others from participating in the bidding process. The bidders participating in the tender process have no other right except the right to equality and fair treatment in the matter of evaluation of competitive bids offered by interested persons in response to notice inviting tenders in a transparent manner and free from hidden agenda. One cannot challenge the terms and conditions of the tender except on the above stated ground, the reason being the terms of the invitation to tender are in the realm of the contract. No bidder is entitled as a matter of right to insist the authority inviting tenders to enter into further negotiations unless the terms and conditions of notice so provided for such negotiations. It is so well settled in law and needs no restatement, that disposal of the public property by the State or its instrumentalities partakes the character of a trust. The methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. The Authority has the right not to accept the highest bid and even to prefer a tender other than the highest bidder, if there exist good and sufficient reasons, such as, the highest bid not representing the market price but there cannot be any doubt that the Authoritys action in accepting or refusing the bid must be free from arbitrariness  favouritism. In the present case, the tender notice makes it abundantly clear that the two plots of land admeasuring 37,000 and 20,000 sq m meant for establishing engineering colleges were advertised as a single item, though the specified reserved price was different. The respondent AMS itself mentioned different and separate bids in its tender and made a bid for the 20,000 sq m plot which was less than the reserved price. The appellant Authority (MDA) was not under any legal or constitutional obligation to entertain the bid which was much below the reserved the price. MDA though not under any obligation, provided a further opportunity to AMS and expressed its willingness to part with the 20,000 sq m plot provided AMS agreed to pay the reserved rate. AMS did not avail this opportunity. Even at this stage AMS did not say that it was under some confusion as regrds the specified reserved price. No objections were raised whatsoever in this regard. Instead it made a request that the two plots be segregated and the 37,000 sq m be allotted to it while the other plot 20,000 sq m may be deleted from ..offer as the cost of that  land is not viable. AMS expressed its desire to purchase the said land at its lower, bid price only.  AMS proceeded on the assumption as if it had some unassailable right in respect of the said plot of land merely because it had earlier got allotted an adjoining plot of land for the construction of its buildings. Had the Authority conceded to the request so made by AMS it would have been an unfair and arbitrary decision and the courts may have interfered with the same in exercise of judicial review power. The tender process actually stood terminated with the letter of MDA dated 27.11.2001 allotting the 37,000 sq m of land alone. The rights of AMS, if any came to an end when it informed MDA that it was not claiming any right over the land admeasuring 20,000 sq m and made a further request to delete its offer in respect of the said land. The subsequent letters sent by AMS at its own choice are of no consequence.  The correspondence on record makes it clear that there was no confusion whatsoever with regard to reserved price fixed. Once it is clear that there was no vagueness, uncertainty or any confusion with regard to the reserved price there is no scope for any interference in the matter by the Court. The terms and conditions of the tender were expressly clear by which the Authority as well as the bidders were bound and such conditions are not open to judicial scrutiny unless the action of the tendering authority is found to be malicious and misuse of its statutory powers. The bids offered by AMS received their due attention in a fair and transparent manner free from any bias at the hands of MDA. No rights of AMS have been infringed by MDA in not giving opportunity to involve itself in lengthy negotiations. The Authority was free to make it choice and t invite fresh bids after AMS relinquished it claim in respect of the disputed plot vide letter dated 17.9.2001 which was accepted by MDA. The decision of the Authority was duly communicated to AMS by MDA fide its letter dated 27.11.2001. The decision so taken by MDA resulted in no infringement of rights of AMS. Hence, MDA shall be at liberty to call for fresh tenders in accordance with law but duly notifying the land use for both educational and residential and invite bids accordingly. It shall permit AMS and other educational institutions intending to participate in the auction. In view of the undertaking given by MDA it shall not raise any objection for the use of the land for educational purposes in case any educational institution is found to be the successful bidder. The bids shall obviously be invited from the intending bidders duly notifying the residential and educational use.  

Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Nature of Disposal of public property by State Methods for disposal of  Rights of bidder -  Held, Bidders participating in the tender process have no other right except the right to equality and fair treatment. Terms of invitation to tender are not open to judicial scrutiny as they lie in realm of contract. Disposal of public property by State or its instrumentalities partakes the character f a trust. Methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. Meerut Development Authority v Association of Management Studies & anr. 

Government Contracts/Tenders :[L.S. Panta & B. Sudershan Reddy, JJ] Tender conditions/NIT Binding effect of Non-adherence by bidder  Held, Authority is not obliged to entertain tender in such a case. Allotment of land in residential scheme for educational use - Reserved rate fixed at 50% of sector rate under G.O. dated 19.4.1996-Respondents commercial offer for one of two plots being less than reserved rate -Rejected by appellant Authority  Legality - Respondent informing appellant Authority to delete the said plot from their offer - Appellant confirming allotment of other plot of land to respondent Subsequently, respondent requesting Authority to allot the deleted plot at the reserved price - Appellant re-auctioning land with change in land use conditions   High Court allowing writ petition of respondent there against holding there was a concluded contract between the parties - Sustainability of Held, Tender process stood terminated on Authority allotting the one plot alone  Rights of respondent, if any, ended when it informed the Authority to delete it offer vis--vis the deleted plot. There was not vagueness, uncertainty or confusion with regard to reserved price -No scope for any interference-Authority as well as the bidders were bound by such conditions Reiterated, tender conditions are not open to judicial scrutiny unless action of tendering authority is found to be malicious and a misuse of statutory powers In present case, bids offered by respondent received due attention in a fair and transparent manner free from any bias by appellant Authority-Refusal to accept tender of from any bias by appellant Authority Refusal to accept tender of respondent on ground that the offer made was lower than the reserved price is legal and valid-No rights of respondent infringed by appellant Authority  Costs imposed on respondent.

Government Grants & Largesse: [L.S. Panta & B. Sudershan Reddy, JJ] Getting full value in sale of State-owned natural assets  Held, The struggle to get for the State the full value of its resources is particularly pronounced in the sale of State-owned natural assets to the private sector. Whenever the Government or the authorities get less than the full value of the asset, the country is being cheated; there is a simple transfer of wealth from the citizens as a whole to whoever gets the assets at a discount. Most of the times the wealth of a State goes to the individuals within the country rather than to multi-national corporations; still, wealth slips away that ought to belong to the nation as a whole.  -  The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. In fact project-wise research helps to generate better efficiency than advertised research organisation.',
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		'casesref' => '',
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		'counselplain' => ' S.K. Bhattacharya and; R. Venkataramani, Advs',
		'counseldef' => ' Altaf Ahmed, Addl. Solicitor General, ; S.K. Mehta, ; A. Mariarp',
		'court' => 'Supreme Court of India',
		'court_type' => 'SC',
		'decidedon' => '1991-08-14',
		'deposition' => '',
		'favorof' => null,
		'findings' => null,
		'judge' => ' Ranganath Misra, C.J.,; M.H. Kania and; Kuldip Singh, JJ.',
		'judgement' => 'ORDER<p>Ranganath Misra, C.J.</p><p>1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.</p><p>2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; </p><p>The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same</p><p>Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.</p><p>3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.</p><p>4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.</p><p>5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.</p><p>6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.</p><p>7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.<p></p><p>',
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	(int) 1 => '<p>1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.',
	(int) 2 => '<p>2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; ',
	(int) 3 => '<p>The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same',
	(int) 4 => '<p>Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.',
	(int) 5 => '<p>3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.',
	(int) 6 => '<p>4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.',
	(int) 7 => '<p>5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.',
	(int) 8 => '<p>6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.',
	(int) 9 => '<p>7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.<p>',
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5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.

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			'id' => '662665',
			'acts' => '',
			'appealno' => 'Writ Petition No. 917 of 1990 with I.A. Nos. 1-3 of 1990 in Writ Petition (Civil) No. 9 of 1988 and ',
			'appellant' => 'Dr V.P. Chaturvedi and ors.',
			'authreffered' => '',
			'casename' => 'Dr V.P. Chaturvedi and ors. Vs. Union of India (Uoi) and ors.',
			'casenote' => 'Service - research work - Service Law - quality of work in research institutes specialised in their fields bound to be better than research carried on by manufacturers themselves - scheme could be evolved by which established drug manufacturers could be required to participate in such supporting programmes by supporting particular research projects - continuing research keeps up level of knowledge and helps enhancement of efficiency of treatment of diseases and in matter of providing relief to patients - research must be done as project wise to improve efficiency.<br><br> - Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Power of State /its instrumentalities to not accept highest bid (or lowest bid, as the case may be) When available -  Held,  A tender is an offer. It is something which invites and is communicated to notify acceptance. It must be unconditional, must be in the proper form, the person by whom tender is made must be able to and willing to perform his obligations. The terms of the invitation to tender cannot be open to judicial scrutiny because the invitation to tender is in the realm of contract. However, a limited judicial review may be available in cases where it is established that the terms of the invitation to tender were so tailor-made to suit the convenience f any particular person with a view to eliminate all others from participating in the bidding process. The bidders participating in the tender process have no other right except the right to equality and fair treatment in the matter of evaluation of competitive bids offered by interested persons in response to notice inviting tenders in a transparent manner and free from hidden agenda. One cannot challenge the terms and conditions of the tender except on the above stated ground, the reason being the terms of the invitation to tender are in the realm of the contract. No bidder is entitled as a matter of right to insist the authority inviting tenders to enter into further negotiations unless the terms and conditions of notice so provided for such negotiations. It is so well settled in law and needs no restatement, that disposal of the public property by the State or its instrumentalities partakes the character of a trust. The methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. The Authority has the right not to accept the highest bid and even to prefer a tender other than the highest bidder, if there exist good and sufficient reasons, such as, the highest bid not representing the market price but there cannot be any doubt that the Authoritys action in accepting or refusing the bid must be free from arbitrariness  favouritism. In the present case, the tender notice makes it abundantly clear that the two plots of land admeasuring 37,000 and 20,000 sq m meant for establishing engineering colleges were advertised as a single item, though the specified reserved price was different. The respondent AMS itself mentioned different and separate bids in its tender and made a bid for the 20,000 sq m plot which was less than the reserved price. The appellant Authority (MDA) was not under any legal or constitutional obligation to entertain the bid which was much below the reserved the price. MDA though not under any obligation, provided a further opportunity to AMS and expressed its willingness to part with the 20,000 sq m plot provided AMS agreed to pay the reserved rate. AMS did not avail this opportunity. Even at this stage AMS did not say that it was under some confusion as regrds the specified reserved price. No objections were raised whatsoever in this regard. Instead it made a request that the two plots be segregated and the 37,000 sq m be allotted to it while the other plot 20,000 sq m may be deleted from ..offer as the cost of that  land is not viable. AMS expressed its desire to purchase the said land at its lower, bid price only.  AMS proceeded on the assumption as if it had some unassailable right in respect of the said plot of land merely because it had earlier got allotted an adjoining plot of land for the construction of its buildings. Had the Authority conceded to the request so made by AMS it would have been an unfair and arbitrary decision and the courts may have interfered with the same in exercise of judicial review power. The tender process actually stood terminated with the letter of MDA dated 27.11.2001 allotting the 37,000 sq m of land alone. The rights of AMS, if any came to an end when it informed MDA that it was not claiming any right over the land admeasuring 20,000 sq m and made a further request to delete its offer in respect of the said land. The subsequent letters sent by AMS at its own choice are of no consequence.  The correspondence on record makes it clear that there was no confusion whatsoever with regard to reserved price fixed. Once it is clear that there was no vagueness, uncertainty or any confusion with regard to the reserved price there is no scope for any interference in the matter by the Court. The terms and conditions of the tender were expressly clear by which the Authority as well as the bidders were bound and such conditions are not open to judicial scrutiny unless the action of the tendering authority is found to be malicious and misuse of its statutory powers. The bids offered by AMS received their due attention in a fair and transparent manner free from any bias at the hands of MDA. No rights of AMS have been infringed by MDA in not giving opportunity to involve itself in lengthy negotiations. The Authority was free to make it choice and t invite fresh bids after AMS relinquished it claim in respect of the disputed plot vide letter dated 17.9.2001 which was accepted by MDA. The decision of the Authority was duly communicated to AMS by MDA fide its letter dated 27.11.2001. The decision so taken by MDA resulted in no infringement of rights of AMS. Hence, MDA shall be at liberty to call for fresh tenders in accordance with law but duly notifying the land use for both educational and residential and invite bids accordingly. It shall permit AMS and other educational institutions intending to participate in the auction. In view of the undertaking given by MDA it shall not raise any objection for the use of the land for educational purposes in case any educational institution is found to be the successful bidder. The bids shall obviously be invited from the intending bidders duly notifying the residential and educational use.  

Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Nature of Disposal of public property by State Methods for disposal of  Rights of bidder -  Held, Bidders participating in the tender process have no other right except the right to equality and fair treatment. Terms of invitation to tender are not open to judicial scrutiny as they lie in realm of contract. Disposal of public property by State or its instrumentalities partakes the character f a trust. Methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. Meerut Development Authority v Association of Management Studies & anr. 

Government Contracts/Tenders :[L.S. Panta & B. Sudershan Reddy, JJ] Tender conditions/NIT Binding effect of Non-adherence by bidder  Held, Authority is not obliged to entertain tender in such a case. Allotment of land in residential scheme for educational use - Reserved rate fixed at 50% of sector rate under G.O. dated 19.4.1996-Respondents commercial offer for one of two plots being less than reserved rate -Rejected by appellant Authority  Legality - Respondent informing appellant Authority to delete the said plot from their offer - Appellant confirming allotment of other plot of land to respondent Subsequently, respondent requesting Authority to allot the deleted plot at the reserved price - Appellant re-auctioning land with change in land use conditions   High Court allowing writ petition of respondent there against holding there was a concluded contract between the parties - Sustainability of Held, Tender process stood terminated on Authority allotting the one plot alone  Rights of respondent, if any, ended when it informed the Authority to delete it offer vis--vis the deleted plot. There was not vagueness, uncertainty or confusion with regard to reserved price -No scope for any interference-Authority as well as the bidders were bound by such conditions Reiterated, tender conditions are not open to judicial scrutiny unless action of tendering authority is found to be malicious and a misuse of statutory powers In present case, bids offered by respondent received due attention in a fair and transparent manner free from any bias by appellant Authority-Refusal to accept tender of from any bias by appellant Authority Refusal to accept tender of respondent on ground that the offer made was lower than the reserved price is legal and valid-No rights of respondent infringed by appellant Authority  Costs imposed on respondent.

Government Grants & Largesse: [L.S. Panta & B. Sudershan Reddy, JJ] Getting full value in sale of State-owned natural assets  Held, The struggle to get for the State the full value of its resources is particularly pronounced in the sale of State-owned natural assets to the private sector. Whenever the Government or the authorities get less than the full value of the asset, the country is being cheated; there is a simple transfer of wealth from the citizens as a whole to whoever gets the assets at a discount. Most of the times the wealth of a State goes to the individuals within the country rather than to multi-national corporations; still, wealth slips away that ought to belong to the nation as a whole.  -  The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. In fact project-wise research helps to generate better efficiency than advertised research organisation.',
			'caseanalysis' => null,
			'casesref' => '',
			'citingcases' => '',
			'counselplain' => ' S.K. Bhattacharya and; R. Venkataramani, Advs',
			'counseldef' => ' Altaf Ahmed, Addl. Solicitor General, ; S.K. Mehta, ; A. Mariarp',
			'court' => 'Supreme Court of India',
			'court_type' => 'SC',
			'decidedon' => '1991-08-14',
			'deposition' => '',
			'favorof' => null,
			'findings' => null,
			'judge' => ' Ranganath Misra, C.J.,; M.H. Kania and; Kuldip Singh, JJ.',
			'judgement' => 'ORDER<p style="text-align: justify;">Ranganath Misra, C.J.</p><p style="text-align: justify;">1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.</p><p style="text-align: justify;">2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; </p><p style="text-align: justify;">The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same</p><p style="text-align: justify;">Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.</p><p style="text-align: justify;">3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.</p><p style="text-align: justify;">4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.</p><p style="text-align: justify;">5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.</p><p style="text-align: justify;">6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.</p><p style="text-align: justify;">7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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			'pubs' => '[1991(63)FLR549]; JT1991(3)SC525; 1991(2)SCALE325; (1991)4SCC171; [1991]3SCR595a; 1991(2)LC519(SC)',
			'ratiodecidendi' => '',
			'respondent' => 'Union of India (Uoi) and ors.',
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$title_for_layout = 'Dr V P Chaturvedi and ors Vs Union of India Uoi and ors - Citation 662665 - Court Judgment | '
$desc = array(
	'Judgement' => array(
		'id' => '662665',
		'acts' => '',
		'appealno' => 'Writ Petition No. 917 of 1990 with I.A. Nos. 1-3 of 1990 in Writ Petition (Civil) No. 9 of 1988 and ',
		'appellant' => 'Dr V.P. Chaturvedi and ors.',
		'authreffered' => '',
		'casename' => 'Dr V.P. Chaturvedi and ors. Vs. Union of India (Uoi) and ors.',
		'casenote' => 'Service - research work - Service Law - quality of work in research institutes specialised in their fields bound to be better than research carried on by manufacturers themselves - scheme could be evolved by which established drug manufacturers could be required to participate in such supporting programmes by supporting particular research projects - continuing research keeps up level of knowledge and helps enhancement of efficiency of treatment of diseases and in matter of providing relief to patients - research must be done as project wise to improve efficiency.<br><br> - Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Power of State /its instrumentalities to not accept highest bid (or lowest bid, as the case may be) When available -  Held,  A tender is an offer. It is something which invites and is communicated to notify acceptance. It must be unconditional, must be in the proper form, the person by whom tender is made must be able to and willing to perform his obligations. The terms of the invitation to tender cannot be open to judicial scrutiny because the invitation to tender is in the realm of contract. However, a limited judicial review may be available in cases where it is established that the terms of the invitation to tender were so tailor-made to suit the convenience f any particular person with a view to eliminate all others from participating in the bidding process. The bidders participating in the tender process have no other right except the right to equality and fair treatment in the matter of evaluation of competitive bids offered by interested persons in response to notice inviting tenders in a transparent manner and free from hidden agenda. One cannot challenge the terms and conditions of the tender except on the above stated ground, the reason being the terms of the invitation to tender are in the realm of the contract. No bidder is entitled as a matter of right to insist the authority inviting tenders to enter into further negotiations unless the terms and conditions of notice so provided for such negotiations. It is so well settled in law and needs no restatement, that disposal of the public property by the State or its instrumentalities partakes the character of a trust. The methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. The Authority has the right not to accept the highest bid and even to prefer a tender other than the highest bidder, if there exist good and sufficient reasons, such as, the highest bid not representing the market price but there cannot be any doubt that the Authoritys action in accepting or refusing the bid must be free from arbitrariness  favouritism. In the present case, the tender notice makes it abundantly clear that the two plots of land admeasuring 37,000 and 20,000 sq m meant for establishing engineering colleges were advertised as a single item, though the specified reserved price was different. The respondent AMS itself mentioned different and separate bids in its tender and made a bid for the 20,000 sq m plot which was less than the reserved price. The appellant Authority (MDA) was not under any legal or constitutional obligation to entertain the bid which was much below the reserved the price. MDA though not under any obligation, provided a further opportunity to AMS and expressed its willingness to part with the 20,000 sq m plot provided AMS agreed to pay the reserved rate. AMS did not avail this opportunity. Even at this stage AMS did not say that it was under some confusion as regrds the specified reserved price. No objections were raised whatsoever in this regard. Instead it made a request that the two plots be segregated and the 37,000 sq m be allotted to it while the other plot 20,000 sq m may be deleted from ..offer as the cost of that  land is not viable. AMS expressed its desire to purchase the said land at its lower, bid price only.  AMS proceeded on the assumption as if it had some unassailable right in respect of the said plot of land merely because it had earlier got allotted an adjoining plot of land for the construction of its buildings. Had the Authority conceded to the request so made by AMS it would have been an unfair and arbitrary decision and the courts may have interfered with the same in exercise of judicial review power. The tender process actually stood terminated with the letter of MDA dated 27.11.2001 allotting the 37,000 sq m of land alone. The rights of AMS, if any came to an end when it informed MDA that it was not claiming any right over the land admeasuring 20,000 sq m and made a further request to delete its offer in respect of the said land. The subsequent letters sent by AMS at its own choice are of no consequence.  The correspondence on record makes it clear that there was no confusion whatsoever with regard to reserved price fixed. Once it is clear that there was no vagueness, uncertainty or any confusion with regard to the reserved price there is no scope for any interference in the matter by the Court. The terms and conditions of the tender were expressly clear by which the Authority as well as the bidders were bound and such conditions are not open to judicial scrutiny unless the action of the tendering authority is found to be malicious and misuse of its statutory powers. The bids offered by AMS received their due attention in a fair and transparent manner free from any bias at the hands of MDA. No rights of AMS have been infringed by MDA in not giving opportunity to involve itself in lengthy negotiations. The Authority was free to make it choice and t invite fresh bids after AMS relinquished it claim in respect of the disputed plot vide letter dated 17.9.2001 which was accepted by MDA. The decision of the Authority was duly communicated to AMS by MDA fide its letter dated 27.11.2001. The decision so taken by MDA resulted in no infringement of rights of AMS. Hence, MDA shall be at liberty to call for fresh tenders in accordance with law but duly notifying the land use for both educational and residential and invite bids accordingly. It shall permit AMS and other educational institutions intending to participate in the auction. In view of the undertaking given by MDA it shall not raise any objection for the use of the land for educational purposes in case any educational institution is found to be the successful bidder. The bids shall obviously be invited from the intending bidders duly notifying the residential and educational use.  

Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Nature of Disposal of public property by State Methods for disposal of  Rights of bidder -  Held, Bidders participating in the tender process have no other right except the right to equality and fair treatment. Terms of invitation to tender are not open to judicial scrutiny as they lie in realm of contract. Disposal of public property by State or its instrumentalities partakes the character f a trust. Methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. Meerut Development Authority v Association of Management Studies & anr. 

Government Contracts/Tenders :[L.S. Panta & B. Sudershan Reddy, JJ] Tender conditions/NIT Binding effect of Non-adherence by bidder  Held, Authority is not obliged to entertain tender in such a case. Allotment of land in residential scheme for educational use - Reserved rate fixed at 50% of sector rate under G.O. dated 19.4.1996-Respondents commercial offer for one of two plots being less than reserved rate -Rejected by appellant Authority  Legality - Respondent informing appellant Authority to delete the said plot from their offer - Appellant confirming allotment of other plot of land to respondent Subsequently, respondent requesting Authority to allot the deleted plot at the reserved price - Appellant re-auctioning land with change in land use conditions   High Court allowing writ petition of respondent there against holding there was a concluded contract between the parties - Sustainability of Held, Tender process stood terminated on Authority allotting the one plot alone  Rights of respondent, if any, ended when it informed the Authority to delete it offer vis--vis the deleted plot. There was not vagueness, uncertainty or confusion with regard to reserved price -No scope for any interference-Authority as well as the bidders were bound by such conditions Reiterated, tender conditions are not open to judicial scrutiny unless action of tendering authority is found to be malicious and a misuse of statutory powers In present case, bids offered by respondent received due attention in a fair and transparent manner free from any bias by appellant Authority-Refusal to accept tender of from any bias by appellant Authority Refusal to accept tender of respondent on ground that the offer made was lower than the reserved price is legal and valid-No rights of respondent infringed by appellant Authority  Costs imposed on respondent.

Government Grants & Largesse: [L.S. Panta & B. Sudershan Reddy, JJ] Getting full value in sale of State-owned natural assets  Held, The struggle to get for the State the full value of its resources is particularly pronounced in the sale of State-owned natural assets to the private sector. Whenever the Government or the authorities get less than the full value of the asset, the country is being cheated; there is a simple transfer of wealth from the citizens as a whole to whoever gets the assets at a discount. Most of the times the wealth of a State goes to the individuals within the country rather than to multi-national corporations; still, wealth slips away that ought to belong to the nation as a whole.  -  The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. In fact project-wise research helps to generate better efficiency than advertised research organisation.',
		'caseanalysis' => null,
		'casesref' => '',
		'citingcases' => '',
		'counselplain' => ' S.K. Bhattacharya and; R. Venkataramani, Advs',
		'counseldef' => ' Altaf Ahmed, Addl. Solicitor General, ; S.K. Mehta, ; A. Mariarp',
		'court' => 'Supreme Court of India',
		'court_type' => 'SC',
		'decidedon' => '1991-08-14',
		'deposition' => '',
		'favorof' => null,
		'findings' => null,
		'judge' => ' Ranganath Misra, C.J.,; M.H. Kania and; Kuldip Singh, JJ.',
		'judgement' => 'ORDER<p>Ranganath Misra, C.J.</p><p>1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.</p><p>2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; </p><p>The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same</p><p>Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.</p><p>3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.</p><p>4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.</p><p>5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.</p><p>6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.</p><p>7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.<p></p><p>',
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		'pubs' => '[1991(63)FLR549]; JT1991(3)SC525; 1991(2)SCALE325; (1991)4SCC171; [1991]3SCR595a; 1991(2)LC519(SC)',
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	(int) 0 => 'ORDER<p>Ranganath Misra, C.J.',
	(int) 1 => '<p>1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.',
	(int) 2 => '<p>2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; ',
	(int) 3 => '<p>The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same',
	(int) 4 => '<p>Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.',
	(int) 5 => '<p>3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.',
	(int) 6 => '<p>4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.',
	(int) 7 => '<p>5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.',
	(int) 8 => '<p>6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.',
	(int) 9 => '<p>7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.<p>',
	(int) 10 => '<p>'
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6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.

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	'title_for_layout' => 'Dr V P Chaturvedi and ors Vs Union of India Uoi and ors - Citation 662665 - Court Judgment | ',
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		'Judgement' => array(
			'id' => '662665',
			'acts' => '',
			'appealno' => 'Writ Petition No. 917 of 1990 with I.A. Nos. 1-3 of 1990 in Writ Petition (Civil) No. 9 of 1988 and ',
			'appellant' => 'Dr V.P. Chaturvedi and ors.',
			'authreffered' => '',
			'casename' => 'Dr V.P. Chaturvedi and ors. Vs. Union of India (Uoi) and ors.',
			'casenote' => 'Service - research work - Service Law - quality of work in research institutes specialised in their fields bound to be better than research carried on by manufacturers themselves - scheme could be evolved by which established drug manufacturers could be required to participate in such supporting programmes by supporting particular research projects - continuing research keeps up level of knowledge and helps enhancement of efficiency of treatment of diseases and in matter of providing relief to patients - research must be done as project wise to improve efficiency.<br><br> - Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Power of State /its instrumentalities to not accept highest bid (or lowest bid, as the case may be) When available -  Held,  A tender is an offer. It is something which invites and is communicated to notify acceptance. It must be unconditional, must be in the proper form, the person by whom tender is made must be able to and willing to perform his obligations. The terms of the invitation to tender cannot be open to judicial scrutiny because the invitation to tender is in the realm of contract. However, a limited judicial review may be available in cases where it is established that the terms of the invitation to tender were so tailor-made to suit the convenience f any particular person with a view to eliminate all others from participating in the bidding process. The bidders participating in the tender process have no other right except the right to equality and fair treatment in the matter of evaluation of competitive bids offered by interested persons in response to notice inviting tenders in a transparent manner and free from hidden agenda. One cannot challenge the terms and conditions of the tender except on the above stated ground, the reason being the terms of the invitation to tender are in the realm of the contract. No bidder is entitled as a matter of right to insist the authority inviting tenders to enter into further negotiations unless the terms and conditions of notice so provided for such negotiations. It is so well settled in law and needs no restatement, that disposal of the public property by the State or its instrumentalities partakes the character of a trust. The methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. The Authority has the right not to accept the highest bid and even to prefer a tender other than the highest bidder, if there exist good and sufficient reasons, such as, the highest bid not representing the market price but there cannot be any doubt that the Authoritys action in accepting or refusing the bid must be free from arbitrariness  favouritism. In the present case, the tender notice makes it abundantly clear that the two plots of land admeasuring 37,000 and 20,000 sq m meant for establishing engineering colleges were advertised as a single item, though the specified reserved price was different. The respondent AMS itself mentioned different and separate bids in its tender and made a bid for the 20,000 sq m plot which was less than the reserved price. The appellant Authority (MDA) was not under any legal or constitutional obligation to entertain the bid which was much below the reserved the price. MDA though not under any obligation, provided a further opportunity to AMS and expressed its willingness to part with the 20,000 sq m plot provided AMS agreed to pay the reserved rate. AMS did not avail this opportunity. Even at this stage AMS did not say that it was under some confusion as regrds the specified reserved price. No objections were raised whatsoever in this regard. Instead it made a request that the two plots be segregated and the 37,000 sq m be allotted to it while the other plot 20,000 sq m may be deleted from ..offer as the cost of that  land is not viable. AMS expressed its desire to purchase the said land at its lower, bid price only.  AMS proceeded on the assumption as if it had some unassailable right in respect of the said plot of land merely because it had earlier got allotted an adjoining plot of land for the construction of its buildings. Had the Authority conceded to the request so made by AMS it would have been an unfair and arbitrary decision and the courts may have interfered with the same in exercise of judicial review power. The tender process actually stood terminated with the letter of MDA dated 27.11.2001 allotting the 37,000 sq m of land alone. The rights of AMS, if any came to an end when it informed MDA that it was not claiming any right over the land admeasuring 20,000 sq m and made a further request to delete its offer in respect of the said land. The subsequent letters sent by AMS at its own choice are of no consequence.  The correspondence on record makes it clear that there was no confusion whatsoever with regard to reserved price fixed. Once it is clear that there was no vagueness, uncertainty or any confusion with regard to the reserved price there is no scope for any interference in the matter by the Court. The terms and conditions of the tender were expressly clear by which the Authority as well as the bidders were bound and such conditions are not open to judicial scrutiny unless the action of the tendering authority is found to be malicious and misuse of its statutory powers. The bids offered by AMS received their due attention in a fair and transparent manner free from any bias at the hands of MDA. No rights of AMS have been infringed by MDA in not giving opportunity to involve itself in lengthy negotiations. The Authority was free to make it choice and t invite fresh bids after AMS relinquished it claim in respect of the disputed plot vide letter dated 17.9.2001 which was accepted by MDA. The decision of the Authority was duly communicated to AMS by MDA fide its letter dated 27.11.2001. The decision so taken by MDA resulted in no infringement of rights of AMS. Hence, MDA shall be at liberty to call for fresh tenders in accordance with law but duly notifying the land use for both educational and residential and invite bids accordingly. It shall permit AMS and other educational institutions intending to participate in the auction. In view of the undertaking given by MDA it shall not raise any objection for the use of the land for educational purposes in case any educational institution is found to be the successful bidder. The bids shall obviously be invited from the intending bidders duly notifying the residential and educational use.  

Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Nature of Disposal of public property by State Methods for disposal of  Rights of bidder -  Held, Bidders participating in the tender process have no other right except the right to equality and fair treatment. Terms of invitation to tender are not open to judicial scrutiny as they lie in realm of contract. Disposal of public property by State or its instrumentalities partakes the character f a trust. Methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. Meerut Development Authority v Association of Management Studies & anr. 

Government Contracts/Tenders :[L.S. Panta & B. Sudershan Reddy, JJ] Tender conditions/NIT Binding effect of Non-adherence by bidder  Held, Authority is not obliged to entertain tender in such a case. Allotment of land in residential scheme for educational use - Reserved rate fixed at 50% of sector rate under G.O. dated 19.4.1996-Respondents commercial offer for one of two plots being less than reserved rate -Rejected by appellant Authority  Legality - Respondent informing appellant Authority to delete the said plot from their offer - Appellant confirming allotment of other plot of land to respondent Subsequently, respondent requesting Authority to allot the deleted plot at the reserved price - Appellant re-auctioning land with change in land use conditions   High Court allowing writ petition of respondent there against holding there was a concluded contract between the parties - Sustainability of Held, Tender process stood terminated on Authority allotting the one plot alone  Rights of respondent, if any, ended when it informed the Authority to delete it offer vis--vis the deleted plot. There was not vagueness, uncertainty or confusion with regard to reserved price -No scope for any interference-Authority as well as the bidders were bound by such conditions Reiterated, tender conditions are not open to judicial scrutiny unless action of tendering authority is found to be malicious and a misuse of statutory powers In present case, bids offered by respondent received due attention in a fair and transparent manner free from any bias by appellant Authority-Refusal to accept tender of from any bias by appellant Authority Refusal to accept tender of respondent on ground that the offer made was lower than the reserved price is legal and valid-No rights of respondent infringed by appellant Authority  Costs imposed on respondent.

Government Grants & Largesse: [L.S. Panta & B. Sudershan Reddy, JJ] Getting full value in sale of State-owned natural assets  Held, The struggle to get for the State the full value of its resources is particularly pronounced in the sale of State-owned natural assets to the private sector. Whenever the Government or the authorities get less than the full value of the asset, the country is being cheated; there is a simple transfer of wealth from the citizens as a whole to whoever gets the assets at a discount. Most of the times the wealth of a State goes to the individuals within the country rather than to multi-national corporations; still, wealth slips away that ought to belong to the nation as a whole.  -  The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. In fact project-wise research helps to generate better efficiency than advertised research organisation.',
			'caseanalysis' => null,
			'casesref' => '',
			'citingcases' => '',
			'counselplain' => ' S.K. Bhattacharya and; R. Venkataramani, Advs',
			'counseldef' => ' Altaf Ahmed, Addl. Solicitor General, ; S.K. Mehta, ; A. Mariarp',
			'court' => 'Supreme Court of India',
			'court_type' => 'SC',
			'decidedon' => '1991-08-14',
			'deposition' => '',
			'favorof' => null,
			'findings' => null,
			'judge' => ' Ranganath Misra, C.J.,; M.H. Kania and; Kuldip Singh, JJ.',
			'judgement' => 'ORDER<p style="text-align: justify;">Ranganath Misra, C.J.</p><p style="text-align: justify;">1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.</p><p style="text-align: justify;">2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; </p><p style="text-align: justify;">The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same</p><p style="text-align: justify;">Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.</p><p style="text-align: justify;">3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.</p><p style="text-align: justify;">4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.</p><p style="text-align: justify;">5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.</p><p style="text-align: justify;">6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.</p><p style="text-align: justify;">7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.<p style="text-align: justify;"></p><p style="text-align: justify;">',
			'observations' => null,
			'overruledby' => null,
			'prhistory' => '',
			'pubs' => '[1991(63)FLR549]; JT1991(3)SC525; 1991(2)SCALE325; (1991)4SCC171; [1991]3SCR595a; 1991(2)LC519(SC)',
			'ratiodecidendi' => '',
			'respondent' => 'Union of India (Uoi) and ors.',
			'sub' => 'Service',
			'link' => null,
			'circuit' => null
		)
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	'casename_url' => 'dr-v-p-chaturvedi-vs-union-india',
	'args' => array(
		(int) 0 => '662665',
		(int) 1 => 'dr-v-p-chaturvedi-vs-union-india'
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$title_for_layout = 'Dr V P Chaturvedi and ors Vs Union of India Uoi and ors - Citation 662665 - Court Judgment | '
$desc = array(
	'Judgement' => array(
		'id' => '662665',
		'acts' => '',
		'appealno' => 'Writ Petition No. 917 of 1990 with I.A. Nos. 1-3 of 1990 in Writ Petition (Civil) No. 9 of 1988 and ',
		'appellant' => 'Dr V.P. Chaturvedi and ors.',
		'authreffered' => '',
		'casename' => 'Dr V.P. Chaturvedi and ors. Vs. Union of India (Uoi) and ors.',
		'casenote' => 'Service - research work - Service Law - quality of work in research institutes specialised in their fields bound to be better than research carried on by manufacturers themselves - scheme could be evolved by which established drug manufacturers could be required to participate in such supporting programmes by supporting particular research projects - continuing research keeps up level of knowledge and helps enhancement of efficiency of treatment of diseases and in matter of providing relief to patients - research must be done as project wise to improve efficiency.<br><br> - Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Power of State /its instrumentalities to not accept highest bid (or lowest bid, as the case may be) When available -  Held,  A tender is an offer. It is something which invites and is communicated to notify acceptance. It must be unconditional, must be in the proper form, the person by whom tender is made must be able to and willing to perform his obligations. The terms of the invitation to tender cannot be open to judicial scrutiny because the invitation to tender is in the realm of contract. However, a limited judicial review may be available in cases where it is established that the terms of the invitation to tender were so tailor-made to suit the convenience f any particular person with a view to eliminate all others from participating in the bidding process. The bidders participating in the tender process have no other right except the right to equality and fair treatment in the matter of evaluation of competitive bids offered by interested persons in response to notice inviting tenders in a transparent manner and free from hidden agenda. One cannot challenge the terms and conditions of the tender except on the above stated ground, the reason being the terms of the invitation to tender are in the realm of the contract. No bidder is entitled as a matter of right to insist the authority inviting tenders to enter into further negotiations unless the terms and conditions of notice so provided for such negotiations. It is so well settled in law and needs no restatement, that disposal of the public property by the State or its instrumentalities partakes the character of a trust. The methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. The Authority has the right not to accept the highest bid and even to prefer a tender other than the highest bidder, if there exist good and sufficient reasons, such as, the highest bid not representing the market price but there cannot be any doubt that the Authoritys action in accepting or refusing the bid must be free from arbitrariness  favouritism. In the present case, the tender notice makes it abundantly clear that the two plots of land admeasuring 37,000 and 20,000 sq m meant for establishing engineering colleges were advertised as a single item, though the specified reserved price was different. The respondent AMS itself mentioned different and separate bids in its tender and made a bid for the 20,000 sq m plot which was less than the reserved price. The appellant Authority (MDA) was not under any legal or constitutional obligation to entertain the bid which was much below the reserved the price. MDA though not under any obligation, provided a further opportunity to AMS and expressed its willingness to part with the 20,000 sq m plot provided AMS agreed to pay the reserved rate. AMS did not avail this opportunity. Even at this stage AMS did not say that it was under some confusion as regrds the specified reserved price. No objections were raised whatsoever in this regard. Instead it made a request that the two plots be segregated and the 37,000 sq m be allotted to it while the other plot 20,000 sq m may be deleted from ..offer as the cost of that  land is not viable. AMS expressed its desire to purchase the said land at its lower, bid price only.  AMS proceeded on the assumption as if it had some unassailable right in respect of the said plot of land merely because it had earlier got allotted an adjoining plot of land for the construction of its buildings. Had the Authority conceded to the request so made by AMS it would have been an unfair and arbitrary decision and the courts may have interfered with the same in exercise of judicial review power. The tender process actually stood terminated with the letter of MDA dated 27.11.2001 allotting the 37,000 sq m of land alone. The rights of AMS, if any came to an end when it informed MDA that it was not claiming any right over the land admeasuring 20,000 sq m and made a further request to delete its offer in respect of the said land. The subsequent letters sent by AMS at its own choice are of no consequence.  The correspondence on record makes it clear that there was no confusion whatsoever with regard to reserved price fixed. Once it is clear that there was no vagueness, uncertainty or any confusion with regard to the reserved price there is no scope for any interference in the matter by the Court. The terms and conditions of the tender were expressly clear by which the Authority as well as the bidders were bound and such conditions are not open to judicial scrutiny unless the action of the tendering authority is found to be malicious and misuse of its statutory powers. The bids offered by AMS received their due attention in a fair and transparent manner free from any bias at the hands of MDA. No rights of AMS have been infringed by MDA in not giving opportunity to involve itself in lengthy negotiations. The Authority was free to make it choice and t invite fresh bids after AMS relinquished it claim in respect of the disputed plot vide letter dated 17.9.2001 which was accepted by MDA. The decision of the Authority was duly communicated to AMS by MDA fide its letter dated 27.11.2001. The decision so taken by MDA resulted in no infringement of rights of AMS. Hence, MDA shall be at liberty to call for fresh tenders in accordance with law but duly notifying the land use for both educational and residential and invite bids accordingly. It shall permit AMS and other educational institutions intending to participate in the auction. In view of the undertaking given by MDA it shall not raise any objection for the use of the land for educational purposes in case any educational institution is found to be the successful bidder. The bids shall obviously be invited from the intending bidders duly notifying the residential and educational use.  

Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Nature of Disposal of public property by State Methods for disposal of  Rights of bidder -  Held, Bidders participating in the tender process have no other right except the right to equality and fair treatment. Terms of invitation to tender are not open to judicial scrutiny as they lie in realm of contract. Disposal of public property by State or its instrumentalities partakes the character f a trust. Methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. Meerut Development Authority v Association of Management Studies & anr. 

Government Contracts/Tenders :[L.S. Panta & B. Sudershan Reddy, JJ] Tender conditions/NIT Binding effect of Non-adherence by bidder  Held, Authority is not obliged to entertain tender in such a case. Allotment of land in residential scheme for educational use - Reserved rate fixed at 50% of sector rate under G.O. dated 19.4.1996-Respondents commercial offer for one of two plots being less than reserved rate -Rejected by appellant Authority  Legality - Respondent informing appellant Authority to delete the said plot from their offer - Appellant confirming allotment of other plot of land to respondent Subsequently, respondent requesting Authority to allot the deleted plot at the reserved price - Appellant re-auctioning land with change in land use conditions   High Court allowing writ petition of respondent there against holding there was a concluded contract between the parties - Sustainability of Held, Tender process stood terminated on Authority allotting the one plot alone  Rights of respondent, if any, ended when it informed the Authority to delete it offer vis--vis the deleted plot. There was not vagueness, uncertainty or confusion with regard to reserved price -No scope for any interference-Authority as well as the bidders were bound by such conditions Reiterated, tender conditions are not open to judicial scrutiny unless action of tendering authority is found to be malicious and a misuse of statutory powers In present case, bids offered by respondent received due attention in a fair and transparent manner free from any bias by appellant Authority-Refusal to accept tender of from any bias by appellant Authority Refusal to accept tender of respondent on ground that the offer made was lower than the reserved price is legal and valid-No rights of respondent infringed by appellant Authority  Costs imposed on respondent.

Government Grants & Largesse: [L.S. Panta & B. Sudershan Reddy, JJ] Getting full value in sale of State-owned natural assets  Held, The struggle to get for the State the full value of its resources is particularly pronounced in the sale of State-owned natural assets to the private sector. Whenever the Government or the authorities get less than the full value of the asset, the country is being cheated; there is a simple transfer of wealth from the citizens as a whole to whoever gets the assets at a discount. Most of the times the wealth of a State goes to the individuals within the country rather than to multi-national corporations; still, wealth slips away that ought to belong to the nation as a whole.  -  The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. In fact project-wise research helps to generate better efficiency than advertised research organisation.',
		'caseanalysis' => null,
		'casesref' => '',
		'citingcases' => '',
		'counselplain' => ' S.K. Bhattacharya and; R. Venkataramani, Advs',
		'counseldef' => ' Altaf Ahmed, Addl. Solicitor General, ; S.K. Mehta, ; A. Mariarp',
		'court' => 'Supreme Court of India',
		'court_type' => 'SC',
		'decidedon' => '1991-08-14',
		'deposition' => '',
		'favorof' => null,
		'findings' => null,
		'judge' => ' Ranganath Misra, C.J.,; M.H. Kania and; Kuldip Singh, JJ.',
		'judgement' => 'ORDER<p>Ranganath Misra, C.J.</p><p>1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.</p><p>2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; </p><p>The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same</p><p>Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.</p><p>3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.</p><p>4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.</p><p>5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.</p><p>6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.</p><p>7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.<p></p><p>',
		'observations' => null,
		'overruledby' => null,
		'prhistory' => '',
		'pubs' => '[1991(63)FLR549]; JT1991(3)SC525; 1991(2)SCALE325; (1991)4SCC171; [1991]3SCR595a; 1991(2)LC519(SC)',
		'ratiodecidendi' => '',
		'respondent' => 'Union of India (Uoi) and ors.',
		'sub' => 'Service',
		'link' => null,
		'circuit' => null
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	(int) 0 => 'ORDER<p>Ranganath Misra, C.J.',
	(int) 1 => '<p>1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.',
	(int) 2 => '<p>2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; ',
	(int) 3 => '<p>The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same',
	(int) 4 => '<p>Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.',
	(int) 5 => '<p>3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.',
	(int) 6 => '<p>4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.',
	(int) 7 => '<p>5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.',
	(int) 8 => '<p>6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.',
	(int) 9 => '<p>7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.<p>',
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7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.

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	'title_for_layout' => 'Dr V P Chaturvedi and ors Vs Union of India Uoi and ors - Citation 662665 - Court Judgment | ',
	'desc' => array(
		'Judgement' => array(
			'id' => '662665',
			'acts' => '',
			'appealno' => 'Writ Petition No. 917 of 1990 with I.A. Nos. 1-3 of 1990 in Writ Petition (Civil) No. 9 of 1988 and ',
			'appellant' => 'Dr V.P. Chaturvedi and ors.',
			'authreffered' => '',
			'casename' => 'Dr V.P. Chaturvedi and ors. Vs. Union of India (Uoi) and ors.',
			'casenote' => 'Service - research work - Service Law - quality of work in research institutes specialised in their fields bound to be better than research carried on by manufacturers themselves - scheme could be evolved by which established drug manufacturers could be required to participate in such supporting programmes by supporting particular research projects - continuing research keeps up level of knowledge and helps enhancement of efficiency of treatment of diseases and in matter of providing relief to patients - research must be done as project wise to improve efficiency.<br><br> - Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Power of State /its instrumentalities to not accept highest bid (or lowest bid, as the case may be) When available -  Held,  A tender is an offer. It is something which invites and is communicated to notify acceptance. It must be unconditional, must be in the proper form, the person by whom tender is made must be able to and willing to perform his obligations. The terms of the invitation to tender cannot be open to judicial scrutiny because the invitation to tender is in the realm of contract. However, a limited judicial review may be available in cases where it is established that the terms of the invitation to tender were so tailor-made to suit the convenience f any particular person with a view to eliminate all others from participating in the bidding process. The bidders participating in the tender process have no other right except the right to equality and fair treatment in the matter of evaluation of competitive bids offered by interested persons in response to notice inviting tenders in a transparent manner and free from hidden agenda. One cannot challenge the terms and conditions of the tender except on the above stated ground, the reason being the terms of the invitation to tender are in the realm of the contract. No bidder is entitled as a matter of right to insist the authority inviting tenders to enter into further negotiations unless the terms and conditions of notice so provided for such negotiations. It is so well settled in law and needs no restatement, that disposal of the public property by the State or its instrumentalities partakes the character of a trust. The methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. The Authority has the right not to accept the highest bid and even to prefer a tender other than the highest bidder, if there exist good and sufficient reasons, such as, the highest bid not representing the market price but there cannot be any doubt that the Authoritys action in accepting or refusing the bid must be free from arbitrariness  favouritism. In the present case, the tender notice makes it abundantly clear that the two plots of land admeasuring 37,000 and 20,000 sq m meant for establishing engineering colleges were advertised as a single item, though the specified reserved price was different. The respondent AMS itself mentioned different and separate bids in its tender and made a bid for the 20,000 sq m plot which was less than the reserved price. The appellant Authority (MDA) was not under any legal or constitutional obligation to entertain the bid which was much below the reserved the price. MDA though not under any obligation, provided a further opportunity to AMS and expressed its willingness to part with the 20,000 sq m plot provided AMS agreed to pay the reserved rate. AMS did not avail this opportunity. Even at this stage AMS did not say that it was under some confusion as regrds the specified reserved price. No objections were raised whatsoever in this regard. Instead it made a request that the two plots be segregated and the 37,000 sq m be allotted to it while the other plot 20,000 sq m may be deleted from ..offer as the cost of that  land is not viable. AMS expressed its desire to purchase the said land at its lower, bid price only.  AMS proceeded on the assumption as if it had some unassailable right in respect of the said plot of land merely because it had earlier got allotted an adjoining plot of land for the construction of its buildings. Had the Authority conceded to the request so made by AMS it would have been an unfair and arbitrary decision and the courts may have interfered with the same in exercise of judicial review power. The tender process actually stood terminated with the letter of MDA dated 27.11.2001 allotting the 37,000 sq m of land alone. The rights of AMS, if any came to an end when it informed MDA that it was not claiming any right over the land admeasuring 20,000 sq m and made a further request to delete its offer in respect of the said land. The subsequent letters sent by AMS at its own choice are of no consequence.  The correspondence on record makes it clear that there was no confusion whatsoever with regard to reserved price fixed. Once it is clear that there was no vagueness, uncertainty or any confusion with regard to the reserved price there is no scope for any interference in the matter by the Court. The terms and conditions of the tender were expressly clear by which the Authority as well as the bidders were bound and such conditions are not open to judicial scrutiny unless the action of the tendering authority is found to be malicious and misuse of its statutory powers. The bids offered by AMS received their due attention in a fair and transparent manner free from any bias at the hands of MDA. No rights of AMS have been infringed by MDA in not giving opportunity to involve itself in lengthy negotiations. The Authority was free to make it choice and t invite fresh bids after AMS relinquished it claim in respect of the disputed plot vide letter dated 17.9.2001 which was accepted by MDA. The decision of the Authority was duly communicated to AMS by MDA fide its letter dated 27.11.2001. The decision so taken by MDA resulted in no infringement of rights of AMS. Hence, MDA shall be at liberty to call for fresh tenders in accordance with law but duly notifying the land use for both educational and residential and invite bids accordingly. It shall permit AMS and other educational institutions intending to participate in the auction. In view of the undertaking given by MDA it shall not raise any objection for the use of the land for educational purposes in case any educational institution is found to be the successful bidder. The bids shall obviously be invited from the intending bidders duly notifying the residential and educational use.  

Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Nature of Disposal of public property by State Methods for disposal of  Rights of bidder -  Held, Bidders participating in the tender process have no other right except the right to equality and fair treatment. Terms of invitation to tender are not open to judicial scrutiny as they lie in realm of contract. Disposal of public property by State or its instrumentalities partakes the character f a trust. Methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. Meerut Development Authority v Association of Management Studies & anr. 

Government Contracts/Tenders :[L.S. Panta & B. Sudershan Reddy, JJ] Tender conditions/NIT Binding effect of Non-adherence by bidder  Held, Authority is not obliged to entertain tender in such a case. Allotment of land in residential scheme for educational use - Reserved rate fixed at 50% of sector rate under G.O. dated 19.4.1996-Respondents commercial offer for one of two plots being less than reserved rate -Rejected by appellant Authority  Legality - Respondent informing appellant Authority to delete the said plot from their offer - Appellant confirming allotment of other plot of land to respondent Subsequently, respondent requesting Authority to allot the deleted plot at the reserved price - Appellant re-auctioning land with change in land use conditions   High Court allowing writ petition of respondent there against holding there was a concluded contract between the parties - Sustainability of Held, Tender process stood terminated on Authority allotting the one plot alone  Rights of respondent, if any, ended when it informed the Authority to delete it offer vis--vis the deleted plot. There was not vagueness, uncertainty or confusion with regard to reserved price -No scope for any interference-Authority as well as the bidders were bound by such conditions Reiterated, tender conditions are not open to judicial scrutiny unless action of tendering authority is found to be malicious and a misuse of statutory powers In present case, bids offered by respondent received due attention in a fair and transparent manner free from any bias by appellant Authority-Refusal to accept tender of from any bias by appellant Authority Refusal to accept tender of respondent on ground that the offer made was lower than the reserved price is legal and valid-No rights of respondent infringed by appellant Authority  Costs imposed on respondent.

Government Grants & Largesse: [L.S. Panta & B. Sudershan Reddy, JJ] Getting full value in sale of State-owned natural assets  Held, The struggle to get for the State the full value of its resources is particularly pronounced in the sale of State-owned natural assets to the private sector. Whenever the Government or the authorities get less than the full value of the asset, the country is being cheated; there is a simple transfer of wealth from the citizens as a whole to whoever gets the assets at a discount. Most of the times the wealth of a State goes to the individuals within the country rather than to multi-national corporations; still, wealth slips away that ought to belong to the nation as a whole.  -  The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. In fact project-wise research helps to generate better efficiency than advertised research organisation.',
			'caseanalysis' => null,
			'casesref' => '',
			'citingcases' => '',
			'counselplain' => ' S.K. Bhattacharya and; R. Venkataramani, Advs',
			'counseldef' => ' Altaf Ahmed, Addl. Solicitor General, ; S.K. Mehta, ; A. Mariarp',
			'court' => 'Supreme Court of India',
			'court_type' => 'SC',
			'decidedon' => '1991-08-14',
			'deposition' => '',
			'favorof' => null,
			'findings' => null,
			'judge' => ' Ranganath Misra, C.J.,; M.H. Kania and; Kuldip Singh, JJ.',
			'judgement' => 'ORDER<p style="text-align: justify;">Ranganath Misra, C.J.</p><p style="text-align: justify;">1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.</p><p style="text-align: justify;">2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; </p><p style="text-align: justify;">The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same</p><p style="text-align: justify;">Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.</p><p style="text-align: justify;">3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.</p><p style="text-align: justify;">4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.</p><p style="text-align: justify;">5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.</p><p style="text-align: justify;">6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.</p><p style="text-align: justify;">7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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$title_for_layout = 'Dr V P Chaturvedi and ors Vs Union of India Uoi and ors - Citation 662665 - Court Judgment | '
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		'appealno' => 'Writ Petition No. 917 of 1990 with I.A. Nos. 1-3 of 1990 in Writ Petition (Civil) No. 9 of 1988 and ',
		'appellant' => 'Dr V.P. Chaturvedi and ors.',
		'authreffered' => '',
		'casename' => 'Dr V.P. Chaturvedi and ors. Vs. Union of India (Uoi) and ors.',
		'casenote' => 'Service - research work - Service Law - quality of work in research institutes specialised in their fields bound to be better than research carried on by manufacturers themselves - scheme could be evolved by which established drug manufacturers could be required to participate in such supporting programmes by supporting particular research projects - continuing research keeps up level of knowledge and helps enhancement of efficiency of treatment of diseases and in matter of providing relief to patients - research must be done as project wise to improve efficiency.<br><br> - Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Power of State /its instrumentalities to not accept highest bid (or lowest bid, as the case may be) When available -  Held,  A tender is an offer. It is something which invites and is communicated to notify acceptance. It must be unconditional, must be in the proper form, the person by whom tender is made must be able to and willing to perform his obligations. The terms of the invitation to tender cannot be open to judicial scrutiny because the invitation to tender is in the realm of contract. However, a limited judicial review may be available in cases where it is established that the terms of the invitation to tender were so tailor-made to suit the convenience f any particular person with a view to eliminate all others from participating in the bidding process. The bidders participating in the tender process have no other right except the right to equality and fair treatment in the matter of evaluation of competitive bids offered by interested persons in response to notice inviting tenders in a transparent manner and free from hidden agenda. One cannot challenge the terms and conditions of the tender except on the above stated ground, the reason being the terms of the invitation to tender are in the realm of the contract. No bidder is entitled as a matter of right to insist the authority inviting tenders to enter into further negotiations unless the terms and conditions of notice so provided for such negotiations. It is so well settled in law and needs no restatement, that disposal of the public property by the State or its instrumentalities partakes the character of a trust. The methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. The Authority has the right not to accept the highest bid and even to prefer a tender other than the highest bidder, if there exist good and sufficient reasons, such as, the highest bid not representing the market price but there cannot be any doubt that the Authoritys action in accepting or refusing the bid must be free from arbitrariness  favouritism. In the present case, the tender notice makes it abundantly clear that the two plots of land admeasuring 37,000 and 20,000 sq m meant for establishing engineering colleges were advertised as a single item, though the specified reserved price was different. The respondent AMS itself mentioned different and separate bids in its tender and made a bid for the 20,000 sq m plot which was less than the reserved price. The appellant Authority (MDA) was not under any legal or constitutional obligation to entertain the bid which was much below the reserved the price. MDA though not under any obligation, provided a further opportunity to AMS and expressed its willingness to part with the 20,000 sq m plot provided AMS agreed to pay the reserved rate. AMS did not avail this opportunity. Even at this stage AMS did not say that it was under some confusion as regrds the specified reserved price. No objections were raised whatsoever in this regard. Instead it made a request that the two plots be segregated and the 37,000 sq m be allotted to it while the other plot 20,000 sq m may be deleted from ..offer as the cost of that  land is not viable. AMS expressed its desire to purchase the said land at its lower, bid price only.  AMS proceeded on the assumption as if it had some unassailable right in respect of the said plot of land merely because it had earlier got allotted an adjoining plot of land for the construction of its buildings. Had the Authority conceded to the request so made by AMS it would have been an unfair and arbitrary decision and the courts may have interfered with the same in exercise of judicial review power. The tender process actually stood terminated with the letter of MDA dated 27.11.2001 allotting the 37,000 sq m of land alone. The rights of AMS, if any came to an end when it informed MDA that it was not claiming any right over the land admeasuring 20,000 sq m and made a further request to delete its offer in respect of the said land. The subsequent letters sent by AMS at its own choice are of no consequence.  The correspondence on record makes it clear that there was no confusion whatsoever with regard to reserved price fixed. Once it is clear that there was no vagueness, uncertainty or any confusion with regard to the reserved price there is no scope for any interference in the matter by the Court. The terms and conditions of the tender were expressly clear by which the Authority as well as the bidders were bound and such conditions are not open to judicial scrutiny unless the action of the tendering authority is found to be malicious and misuse of its statutory powers. The bids offered by AMS received their due attention in a fair and transparent manner free from any bias at the hands of MDA. No rights of AMS have been infringed by MDA in not giving opportunity to involve itself in lengthy negotiations. The Authority was free to make it choice and t invite fresh bids after AMS relinquished it claim in respect of the disputed plot vide letter dated 17.9.2001 which was accepted by MDA. The decision of the Authority was duly communicated to AMS by MDA fide its letter dated 27.11.2001. The decision so taken by MDA resulted in no infringement of rights of AMS. Hence, MDA shall be at liberty to call for fresh tenders in accordance with law but duly notifying the land use for both educational and residential and invite bids accordingly. It shall permit AMS and other educational institutions intending to participate in the auction. In view of the undertaking given by MDA it shall not raise any objection for the use of the land for educational purposes in case any educational institution is found to be the successful bidder. The bids shall obviously be invited from the intending bidders duly notifying the residential and educational use.  

Government Contracts/Tenders: [L.S. Panta & B. Sudershan Reddy, JJ] Tender process - Nature of Disposal of public property by State Methods for disposal of  Rights of bidder -  Held, Bidders participating in the tender process have no other right except the right to equality and fair treatment. Terms of invitation to tender are not open to judicial scrutiny as they lie in realm of contract. Disposal of public property by State or its instrumentalities partakes the character f a trust. Methods to be adopted for disposal of public property must be fair and transparent providing an opportunity to all the interested persons to participate in the process. Meerut Development Authority v Association of Management Studies & anr. 

Government Contracts/Tenders :[L.S. Panta & B. Sudershan Reddy, JJ] Tender conditions/NIT Binding effect of Non-adherence by bidder  Held, Authority is not obliged to entertain tender in such a case. Allotment of land in residential scheme for educational use - Reserved rate fixed at 50% of sector rate under G.O. dated 19.4.1996-Respondents commercial offer for one of two plots being less than reserved rate -Rejected by appellant Authority  Legality - Respondent informing appellant Authority to delete the said plot from their offer - Appellant confirming allotment of other plot of land to respondent Subsequently, respondent requesting Authority to allot the deleted plot at the reserved price - Appellant re-auctioning land with change in land use conditions   High Court allowing writ petition of respondent there against holding there was a concluded contract between the parties - Sustainability of Held, Tender process stood terminated on Authority allotting the one plot alone  Rights of respondent, if any, ended when it informed the Authority to delete it offer vis--vis the deleted plot. There was not vagueness, uncertainty or confusion with regard to reserved price -No scope for any interference-Authority as well as the bidders were bound by such conditions Reiterated, tender conditions are not open to judicial scrutiny unless action of tendering authority is found to be malicious and a misuse of statutory powers In present case, bids offered by respondent received due attention in a fair and transparent manner free from any bias by appellant Authority-Refusal to accept tender of from any bias by appellant Authority Refusal to accept tender of respondent on ground that the offer made was lower than the reserved price is legal and valid-No rights of respondent infringed by appellant Authority  Costs imposed on respondent.

Government Grants & Largesse: [L.S. Panta & B. Sudershan Reddy, JJ] Getting full value in sale of State-owned natural assets  Held, The struggle to get for the State the full value of its resources is particularly pronounced in the sale of State-owned natural assets to the private sector. Whenever the Government or the authorities get less than the full value of the asset, the country is being cheated; there is a simple transfer of wealth from the citizens as a whole to whoever gets the assets at a discount. Most of the times the wealth of a State goes to the individuals within the country rather than to multi-national corporations; still, wealth slips away that ought to belong to the nation as a whole.  -  The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. In fact project-wise research helps to generate better efficiency than advertised research organisation.',
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		'counselplain' => ' S.K. Bhattacharya and; R. Venkataramani, Advs',
		'counseldef' => ' Altaf Ahmed, Addl. Solicitor General, ; S.K. Mehta, ; A. Mariarp',
		'court' => 'Supreme Court of India',
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		'judge' => ' Ranganath Misra, C.J.,; M.H. Kania and; Kuldip Singh, JJ.',
		'judgement' => 'ORDER<p>Ranganath Misra, C.J.</p><p>1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.</p><p>2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; </p><p>The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian Council of Medical Research and other government and semi-government bodies. It is appropriate that a Scheme should be evolved by the Institute in coordination with the Health Ministry and the Indian Council of Medical Research so that a team of researchers is built up to meet the general requirements of research. It is quite possible that certain projects would require specialised hands and on such occasions a special team could be set up on casual basis by drawing the competent hands from different institutions for a period but to keep up the tempo of research if a team of researchers is built up, it would be convenient for the Institute for purposes of discipline and control as also for efficiency. The Health Ministry must also sponsor continuous research projects in the field of medicine and health and for such purpose several projects should be listed out from time to time and entrusted to the respondent-Institute as also a similar Institute at Chandigarh and to institutes as and when set up elsewhere. This would asset in updating relevant medical information and knowledge, apart from building up a scientific tone and temper for general circulation. We commend that the Institute initiates serious action in this regard without delay and we suggest that the Ministry of Health and the Indian Council of Medical Research collaborate with the Institute to work out the same</p><p>Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.</p><p>3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.</p><p>4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.</p><p>5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.</p><p>6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.</p><p>7. We adjourn these matters by two months to receive a comprehensive response from the Union Government in the Health Ministry so that we would have the opportunity of examining the comprehensive scheme and then make a final order.<p></p><p>',
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	(int) 4 => '<p>Pursuant to our observations the Ministry of Health appears to have taken some action and particulars relating thereto have been placed before us. On that occasion we indicated that those who have put in 15 years of research work should immediately be regularised and a core cadre could be built up. The Health Ministry has no objection to a core cadre of researchers being created. The Indian Council of Medical Research ('1CMR' for short) is actually the organisation set up for the research purposes and as we gather the Union of India in the relevant Ministry meets it expenditure on research by funding. The Court does not have the adequate technical know how but we are of the view that if appropriate coordination is made and the Health Ministry, ICMR and the Institutes where research is carried on tie up their operations more useful work can be done and simultaneously the researchers would have better terms of employment. All the Institutes where research is carried on may not be at the national capital. What is necessary is the emergence of a small monitoring unit which would finalise the various research projects well in advance and receive offers of projects from organisations like World Health Organisation or other bodies.',
	(int) 5 => '<p>3. No consideration has been given as to why the drug manufacturers in India who have engaged themselves in a very lucrative trade should also participate in research programmes. Quality of work in research institutes specialised in their fields is bound to be better than research carried on by the manufacturers themselves. A scheme could be evolved by which established drug manufacturers could be required to participate in such programmes by supporting particular research projects which the monitoring body could allot. Continuing research not only keeps up the level of knowledge but also helps the enhancement of treatment of diseases and in the matter of providing relief to the patients.',
	(int) 6 => '<p>4. Mr. Venkataramani seriously presses before us that the researchers should have some scheme where within two to three years they could as in other Government service be made permanent and given guarantees of service. When we gave our final decision in Writ Petition No. 999/1988 we had no intention of creating a permanent cadre of the type Mr. Venkataramani argues about. In fact project-wise research helps to generate better efficiency than advertised research organisation. Once service guarantees are provided and security of service is available, the flow of inspiration from within perhaps slows down. We had, therefore, thought that those who had put in long period of research work should only be provided security so that in the later part of their service life, they may not be put to inconvenience.',
	(int) 7 => '<p>5. We have no objection to a core cadre being built up if the Health Ministry is of the view that there should be a core cadre, perhaps, it can quickly be set up and such of the researchers who have put in a more or less continued period of work could be brought into the cadre at the first instance on regular basis. The Committee which the Union of India has perhaps to set up may look into this matter more thoroughly and give shape to the idea we have conveyed by our judgment.',
	(int) 8 => '<p>6. The Patel Chest Institute seems to be more or less a permanent feature and researchers therein may be continued against the programmes available. The funding of course has to be ultimately done by the Health Ministry and the manner of funding may be determined by it. The researchers who have worked in the All India Institute of Medical Sciences should be continued upon availability of its programmes but those who have put in longer periods may be absorbed in available vacancies. We are aware of the stand taken by Committee that researchers may be treated as in service candidates when regular vacancies occur for absorption. This has our approval.',
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Subject	Service
Court	Supreme Court of India
Decided On	Aug-14-1991
Case Number	Writ Petition No. 917 of 1990 with I.A. Nos. 1-3 of 1990 in Writ Petition (Civil) No. 9 of 1988 and
Judge	Ranganath Misra, C.J.,; M.H. Kania and; Kuldip Singh, JJ.
Reported in	[1991(63)FLR549]; JT1991(3)SC525; 1991(2)SCALE325; (1991)4SCC171; [1991]3SCR595a; 1991(2)LC519(SC)
Appellant	Dr V.P. Chaturvedi and ors.
Respondent	Union of India (Uoi) and ors.
Appellant Advocate	S.K. Bhattacharya and; R. Venkataramani, Advs
Respondent Advocate	Altaf Ahmed, Addl. Solicitor General, ; S.K. Mehta, ; A. Mariarp

Dr V.P. Chaturvedi and ors. Vs. Union of India (Uoi) and ors. - Court Judgment