M/S. UNITED TELECOMS LIMITED Vs. KERALA STATE INFORMATION TECHNOLOGY MISSION (KSITM) AND ANOTHERS
LAWS(KER)-2017-12-239
HIGH COURT OF KERALA
Decided on December 21,2017

M/S. United Telecoms Limited Appellant
VERSUS
Kerala State Information Technology Mission (Ksitm) And Anothers Respondents

JUDGEMENT

SHAJI P.CHALY,J. - (1.) This writ petition is filed by the petitioner, a company incorporated under the Indian Companies Act, 1956, seeking to declare the 4th and 5th respondents unqualified in the financial bid, since the same do not meet the technical specifications stipulated in the Request For Proposal for operations and management of Kerala State Wide Area Network [KSWAN], including revamping of infrastructure, and seeking a writ of mandamus, directing the 1st and 2nd respondents to re-evaluate the technical bids of the eligible technically qualified bidders. Material facts for the disposal of the writ petition are as follows:
(2.) The 1st respondent is the Kerala State Information Technology Mission [KISTM], a society registered under the Travancore Cochin Literary Scientific and Charitable Societies Registration Act, 1955, and is an autonomous nodal IT implementation agency for Department of Information Technology, Government of Kerala, and the 2nd respondent is its Director. The 3rd respondent is Centre for Development of Advanced Computing [CDAC], R and D organization of the Ministry of Electronics and Information Technology. The 4th respondent is a Central Government company and the 5th respondent is Kerala State Electronics Development Corporation Ltd. [KELTRON].
(3.) The petitioner is allegedly the first business house to bring cellular services to the country and pioneered the e-Governance initiative that creates a high-tech interface between the Government and its citizens. In 2017, 1st respondent desired to revamp its infrastructure in keeping with the demand for increasing e-governance initiatives. Accordingly, to meet the current demands for the next three years, and various additional requirements, 1st respondent initiated a new tender process.;


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