- (1.) The petitioners have filed these special leave petitions against the order of a the division bench of the High court of M. P. at Jabalpur made on 14/8/1996 in LPA No. 138 of 1996. The learned Single Judge as well as the division bench dismissed the writ petitions in which the petitioners had sought direction to the respondents to give the tender form on the ground that they had satisfied condition 2 of the tender conditions. Pursuant to the interim order passed by the High court, the petitioners submitted their tender forms. But, at the final hearing, the writ petitions came to be dismissed. Thus, these special leave petitions.
(2.) It is contended for the petitioners that they have past experience in execution of the national highway. They have two contracts of more than required amount specified in the tender conditions, 42% of Rs. 4 crores and Rs. 6 crores respectively. The certificates issued by the competent engineers, namely Executive Engineer and the Superintending Engineer would show that the petitioners have been satisfactorily performing their duties in execution of the work. The petitioners, after securing the contracts, have executed major part of the work within the scheduled time granted under the contracts. Therefore, the failure to give tender form at the inception and consideration thereof after the interim direction is violative of their fundamental right to compete in the tender for the further contract. The question is whether the view taken by the High court is wrong in law Tender condition 2 envisages as under: "The tenderer who wish to apply shall have satisfactorily completed at least two runway/national highway, preferably rigid pavement works involving considerable earth filling each of value Rs. 400 lakhs or one work of Rs. 600 lakhs during the last five years and have annual turnover of Rs. 500 lakhs in each 1992-93, 1993-94 and 1994-95 and should possess computerised hot mix plant and concrete batching plant for executing asphaltic and rigid pavement works. "
(3.) A reading of this condition would clearly indicate that the tenderers who wish to apply shall have satisfactorily completed at least two runway/national highway, preferably rigid pavement works involving. considerable earth filling, each valuing Rs. 400 lakhs and one work of Rs. 600 lakhs during the last five years and have annual turnover of Rs. 500 lakhs in each of the last three years 1992-93, 1993-94 and 1994-95. He should possess computerised hot mix plant and concrete batching plant for executing asphaltic and rigid pavement works.;