Bombay High Court Dismisses PIL On Alleged Illegalities In Govt Tender For Supply Of Ambulances

The tender, Maharashtra Emergency Medical Services (MEMS) Project 2024, was challenged on grounds that the previous contract awarded was extended without reasonable justification and that the subsequent contract was unlawfully awarded to a consortium.

Not finding any irregularities in the tender process, a division bench of Chief Justice Alok Aradhe and Justice MS Karnik observed “The subject tender is to provide emergency medical services with a fleet of 937 ambulances across the State of Maharashtra, which is in public interest. The project, in public interest, must progress without interruption and intervention of the Court in such cases should be minimal. On this count also, no interference is called for in this PIL petition.”

The tender process commenced in April 2023, however, it was extended over a year as no bids were received. On 24th January 2024, a consortium comprising of Sumeet Facilities Ltd., BVG India Ltd. and SSG Transporte Sanitario submitted its bid. The contract was awarded to the consortium on 15th March 2024.

The Court had earlier converted the PIL filed by an NCP-SP worker challenging the tender to a suo moto PIL and decided to proceed without the petitioner's involvement. The PIL alleged that the previous contract awarded to BVG India for operating MEMS with a fleet of 937 ambulances was extended without reasonable justification. Further, it asserted that the subsequent contract related to 1,756 ambulances was unlawfully awarded to a consortium, which included the same company.

Considering the material on record, the Court noted that no private party challenged the tender process and stated that the tender process was fair, transparent and reasonable.

It observed that there was nothing on record to indicate the involvement of Sumeet Facilities Ltd. in subject tender. With respect to a pending forensic audit against BVG India Ltd, it noted that a mere pendency of the audit could not have been a ground for preventing it from participating in the tender.

On the issue of increase in the number of ambulances, the Court observed, “Now we advert to the issue with regard to the increase of 87% in the number of ambulances (1756) as opposed to the rise in population (14% to 15%). The State Government is required to follow the guidelines laid down by National Health Mission Conditionalities Framework 2022-24 and to increase the number of ambulances as per the population norms. The State Government has taken into account the norms and has assessed that there is requirement of 1529 ambulances.”

It observed that the tender was for public interest and therefore must progress with minimal interference of the Court.

With these observations, the Court dismissed the petition.

Case title: Contract for Emergency Medical Services vs. State of Maharashtra and Ors (Public Interest Litigation No. 62 Of 2024)

Citation: 2025 LiveLaw (Bom) 139