RABI MOHAN TRIPURA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The instant writ petition is filed by the petitioner who is a member of the tribal community and a contractor by profession, for quashing the letter of the Executive Engineer PWD (R & B), Ambassa Division, the respondent No. 3 herein, dated 20.11.2012 (Annexure-5 to the writ petition) written to the Counsel of the petitioner communicating the decision that the petitioner failed to qualify in his technical bid submitted for the work namely, construction of link road towards Indo-Bangladesh Border from Ratannagar Market to IBB road via Sikandar para BOP (L = 6,000 Km.)/SH:- Site clearance, Formation, Soling, Metaling, Carpeting, CDs, in/c. bailey bridge 3 (three) Nos. Toe wall, Retaining wall, CC drain etc. in response to the Press Notice Inviting Tender (for short, hereinafter referred to as NIT) dated 28.8.2012 (Annexure-3 to the writ petition) and also for a direction to the respondents to take into consideration the price bid of the petitioner with reference to the said NIT. Heard Mr. S. M. Chakraborty, learned senior Counsel assisted by Ms. P. Chakraborty, learned Counsel appearing for the petitioner as well as Mrs. A. S. Lodh, learned Additional Govt. Advocate appearing for the State respondents at this motion stage.

(2.) The pleaded case of the petitioner in short is as follows:

(3.) On 25.2.2002, the Secretary, P.W.D. issued a letter to the Superintending Engineer, Public Works Department, First Circle, Kumarghat, North Tripura wherein it is mentioned that in continuation to office letter No. F (38)-PWD-(c)/88 dated 29.10.98, the award of works to the Tribal individuals in Gandacherra and Longtharai valley subdivision has been reviewed and decided that Tribal contractors of Gandacherra and Longtharai Valley Sub-Division may tender for works in their respective Sub-Divisions without registration as a special case until further order and as such, the petitioner being a member of tribal community and residing in Gandacherra area purchased tender form relating to the above NIT dated 28.8.2012 and ultimately dropped the technical bid and price bid relating to the said work of construction of link road towards Indo-Bangladesh Border from Ratannagar Market to IBB road via Sikandar para BOP (L = 6,000 Km.)/SH:- Site clearance, Formation, Soling, Metaling, Carpeting, CDs, in/c. bailey bridge 3 (three) Nos. Toe wall, Retaining wall, CC drain etc., but the respondent No. 3 upon receipt of the tender documents of four agencies including the tender of the petitioner, ultimately rejected the technical bid of the petitioner and consequent thereto did not open the price bid of him. As a result, he is ousted from the tender in question, though as a tribal inhabitant, he was exempted from registration i.e. enlistment as a contractor.