- (1.) Apprehend ing that the tender submitted by the petitioner company for the proposed construction of R.O.B. as 1 x 13.50M.(Skew) P.S.C., Girder with deckslab at 2 x 70 M.(Skew) R.C.C. slab (all cast in site) at KM. 176/17-18 at the level crossing No.28 betweenBegumpet and Sanathnagar Railway Station, pursuant to Tender NotificationNo.54/CAO/C/SC/1996, dated 18-07-1996 is likely to be rejected by the third respondent though their's is the lowest on the ground that the petitioner company do not possess the technical qualiflcation, filed the present writ petition.
(2.) This Court while ordering notice before admission on 13-11-1990 directed the respondents not to issue any work order to any person until further orders of this petition. Having received the notice the third respondent filed a counter stating that still the process of evaluation was going and no final decision was taken for awarding the contract to any of the tenderers. In those circumstances, by order dated 09-12-1996 I modified the interim order and directed the respondents to evaluate the tenders and then approach this Court for passing orders one way or the other.
(3.) Once again the matter came up before me on 20-12-1996. At that time the Counsel for the petitioner submitted that though the tenders are opened on 26-08-1996 and the validity period ofthe tender also expired and the respondents have not taken the final decision till that date. On that the third respondent was directed to appear before this Court on 24-12-1996 to explain as to why the tender was not finalised till that date. Pursuant to the said orders the third respondent appeared in person and submitted that he has taken a decision to allot the work in question to M/s. V.K. Engineering Construction Co. at an estimated value of Rs.43,45,618-00. He also admitted that the tender of the petitioner was not considered though the petitioner company quoted Rs.40,35,482-40 ps. i.e., less than the company to whom the work now stands allotted by Rs.3,10,125-60ps. on the ground that the petitioner company did not fulfil the Condition No.3 ofthe tender notice which is to the following effect. "Tenderers who have executed atleast one single work of a similar nature of value not less then Rs.25 lakhs within a period of 12 months during the course of the past 3 years from 1 -4-93 to 31 -3 -1996 only need apply for this tender.";