Dr.Venkatesh versus State of Goa and Ors
A tender was floated by the State Government through Directorate of Health Services, inviting service providers to participate in the tendering process for setting up of Dialysis units in four areas of the state. Two of these areas were the areas where the Petitioner was already operating the units. There units were under a prior contract with the State Government and the Petitioner was providing services free of cost to the patients.
While the earlier tender for the same purpose were based on the model of ‘zero cost’ to the patients, the current tender were silent on the charges for certain essentials required during dialysis and thus, pushing the burden onto the patient. The Petitioner in the petition challenged the said tender and the main contention raised was that the tender floated was supportive only of big corporations and suggested at corporatizing government provided healthcare. The tender further was not competitive in many aspects and thus reduced the scope of many service providers from participating in the same and was suggestive of being tailor made only for certain service providers.
The Petitioner urged for stay of the tender. The stay was granted by the High Court extended to the areas of the Petitioner’s units. However, it was later vacated by the High Court. Thereafter, this was reinstated through a petition in the Supreme Court.