Dispute on awarding tender; SC defers Petition for 5 February

Janitorial service in southern hospitals

By S.S. Selvanayagam

The Supreme Court deferred for 5 February the supporting for granting leave to proceed with the Fundamental Rights petition filed by a proprietor of Janitorial Services lamenting purported discrimination in awarding the tender for cleaning contract.

The Bench comprised Justices Priyantha Jayawardane, Vijith K. Malalgoda and Murdu N.B. Fernando.

Petitioner K.Q. Chanaka Anthony states he has 15 years of experience in providing cleaning and janitorial services for Government and private institutions.

He cited Southern Province Chief Minister Shan Wijayalal de Silva, A.K.T. Cleaning Service and nine others as Respondents.

Petitioner, the owner of Lakro Janitorial and Manpower Services, states when the tenders were called for 2016/2017 for eight hospitals in Southern Province, he applied for all eight but was not awarded any even though his bid was the lowest.

He states when the tenders were called for 2017/2018 for eight hospitals and Unawatuna hospital in the Southern Province, his bids were the lowest in four hospitals but again he was awarded only two hospitals.

Once again, when he submitted his bids for the tenders fulfilling all the required qualifications for 2018/2019 with the lowest bids in all the hospitals, bidders were informed by the Technical Evaluation Committee that there is a ministerial decision as to selecting the bidders for cleaning services in hospitals within Southern Province, the Petitioner states.

He claims he is the lowest bidder in all eight hospitals and the Technical Evaluation Committee also has approved that he should be awarded five hospitals, even after taking ministerial decision.

He bemoans despite of the above, the Chief Minister and Provincial Director of Health Services without granting him the said contracts, extended to A.K.T. Cleaning Service.

He is seeking a declaration from the Court that his fundamental right to equality and equal protection of the law and his right to engage in a lawful occupation have been infringed.

Himalee Kularathna appeared for the Petitioner. M.U.M. Ali Sabry PC appeared for the Chief Minister. Senior State Counsel Shaheeda Barrie appeared for the Attorney General.