- (1.) Heard Sri Manish Kumar, for the petitioner and Sri LP. Singh learned Counsel for the U.P. Jal Nigam. The petitioner submitted his tender for the supply of certain items in pursuance of the tender notice issued by the U.P. Jal Nigam. The petitioner succeeded in the pre-qualification bid and besides him one M/s. Jyoti Bind-tech. Pvt. Ltd., Lucknow also succeeded in pre-qualification bid. The aforesaid two tenderers were the only eligible tenderers in the entire tender process, therefore, their financial bids were opened on 18.12.2009. After opening of the financial bids, the U.F. Jal Nigam came to the conclusion that the rates quoted by both the tenderers were very high and therefore, decided to cancel the tenders and to re-advertise the same.
(2.) Sri Manish Kumar does not dispute the aforesaid fact but he says that on previous occasions and even in this year also, whenever tenders were invited and the rates were quoted by the tenderers whether excessive or high, the tenderers were invited for negotiation to lower down the rates quoted and this was being done in terms of the Government order dated 4.11.2004 but for the present tender, the department has chosen not to invite the petitioner as well as other tenderer namely; M/s. Jyoti Bind-tech Pvt. Ltd., and has taken a decision for cancelling the tender, which according to the Counsel for the petitioner is mala fide and illegal action besides it being arbitrary.
(3.) The argument of the learned Counsel for the petitioner is that the petitioner is entitled for being called for negotiation to lower down the rates and that a direction need be issued in this regard to the respondents.;