SHAM KUMAR GANDOTRA Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in this writ petition is to Technical Bid Opening Summery/Order dated 04.11.2013 issued by Chief Engineer, HQ CE (P) Sampark, respondent No.2 herein, whereby the firm of the petitioner has been disqualified for allotment of contract. The facts, as averred in the writ petition, are that the petitioner is the sole proprietor of M/s. Sham Kumar Gandotra having its Head Office at Rajouri and in the year 1999 was registered with the Public Works Department of the State as Class "A" Contractor, besides it is also registered with the Border Road Organization under the Ministry of Road, Transport and Highways, Government of India, as a Class "B" Contractor since 06.09.2012. Respondent No.2 in August 2013 invited online bids for providing, laying and compaction of three layers of WMM Each 75 MM Thick Consolidated between KM 59.272 to KM 68.843 on Reasi-Pouni-Siar-Rajouri Road and the estimated cost of the work was fixed at Rs.163 lacs. The petitioner-firm also submitted its tender complete in all respects within the due date after depositing an amount of Rs.2000/- as costs of the tender documents. It is claimed that the petitioner was not called at the time of opening of technical bid; however, he was informed that his tender has been rejected as the documents submitted by him along with the tender allegedly did not meet the eligibility criteria as per the conditions given at Paragraph 5.2.4 A.2 of the tender documents. Petitioner is thus aggrieved of disqualification/rejection of his tender on account of not possessing the criteria of experience on similar works conveyed to him vide Technical Bid Evaluation Summary/Order dated 04.11.2013 issued by respondent No. 2.

(2.) Objections on behalf of respondents have been filed.

(3.) The precise and only stand taken by the respondents is that the petitioner had failed to qualify for the tender as he did not meet the criteria of experience on similar works as defined in Paragraph 5.2.4 A-1 of the tender documents, therefore, the evaluation Board has rightly disqualified the petitioner-firm from participating in the tendering process.