SGF INFRA PRIVATE LIMITED Vs. STATE OF JAMMU AND KASHMIR AND OTHER
LAWS(J&K)-2020-2-83
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 28,2020

Sgf Infra Private Limited Appellant
VERSUS
State Of Jammu And Kashmir And Other Respondents


Referred Judgements :-

MAA BINDA EXPRESS CARRIER VS. NORTHEAST FRONTIER RAILWAY [REFERRED TO]


JUDGEMENT

Rajesh Bindal,J. - (1.)The petitioner approached this court seeking quashing of e-NIT No. 11 of 2019-20 dated 28.05.2019. Further prayer has been made seeking a direction to the respondents to complete the tendering process initiated by e- NIT No.34 of 2018-19 dated 09.02.2019.
(2.)Learned counsel for the petitioner submitted that in e-NIT No. 34 of 2018-19 was issued on 09.02.2019 for improvement and upgradation of road from Kanda to Ransoo. Specific quantities of the material were mentioned and the rates were to be furnished accordingly. Before the last date of submission of bids, a corrigendum was issued on 13.02.2019 changing the quantity of different items. The petitioner submitted his bids on-line along with hard copy. In the bid submitted in the template the quantities of the material as changed with the corrigendum issued on 13.02.2019, was not reflected. The petitioner had submitted his rates as per the revised quantity. Financial bids were opened on 24.05.2019. Evaluation was not done as per the quantities mentioned in the corrigendum. Instead of carrying out the correction, fresh tender was issued. As the financials of the petitioner were open, in the process of issuance of fresh tender, the petitioner was ousted as other competitors quoted lesser rates. The petitioner was otherwise not in a position to quote rates less than what were quoted earlier. The fresh tender was issued on 28.05.2019. The financial bids therein were opened on 07.06.2019.
(3.)Relying upon the judgment of Hon'ble the Supreme Court in the case of Maa Binda Express Carrier and another v. North East Frontier Railway and others, (2014) 3 SCC 760 and also judgment of this Court in passed in OWP No. 1505/2017 titled M/s B. S. Limited v. State and others decided on 23.03.2018, it was submitted that the conditions in NIT cannot be tailor-made. Every bidder has to be treated equally. In the case in hand, the petitioner has been ousted with a design. Otherwise, the earlier bids could have been evaluated with modified quantities.
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