MAA KANAK DURGA ENTERPRISES Vs. STATE OF ODISHA
LAWS(ORI)-2021-2-26
HIGH COURT OF ORISSA
Decided on February 23,2021

Maa Kanak Durga Enterprises Appellant
VERSUS
STATE OF ODISHA Respondents

JUDGEMENT

B.P.ROUTRAY,J. - (1.) The Petitioner participated in the bidding process pursuant to Tender Call Notice (TCN) dated 30th December, 2019 issued by Opposite Party No.3 for supply of diet (dry and cooked) for SCB Medial College and Hospital, Cuttack. The TCN prescribed the conditions of submission of required documents, inter alia, the labour license and food license with three years relevant experience.
(2.) It is the case of the Petitioner that he having fulfilled all the conditions of eligibility participated in the tender along with Opposite Party Nos.4, 5 and 6. He was intimated to remain present before the Tender Committee on 17.2.2020 at SCB Medical College and Hospital, Cuttack for finalization of the technical bid. During scrutinization, he was intimated of non-submission of uptodate renewal labour license. So apprehending rejection of his technical bid, he earlier filed W.P.(C) No.6574 of 2020 before this Court, which was dismissed by order dated 20th February, 2020 observing the same as pre-mature since no final decision has been taken on the tender. Thereafter coming to know about the rejection of his technical bid and selection of Opposite Party No.5 as the successful bidder through RTI application, he preferred the present writ petition praying to accept his offer and to award the contract in his favour.
(3.) Opposite Party No.3, the Superintendent of SCB Medical College and Hospital, Cuttack, has filed the reply refuting the claim of the Petitioner. As per their statement, the technical bid of the Petitioner was rejected for non-submission of appropriate labour license and proper certificate of three years experience in diet preparation and supply and as such, the Petitioner being disqualified in the technical bid was debarred from participating further.;


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