Pradeep Kant, G.K.Gupta, JJ. - (1.) This petition is filed by M/s. J.S. M. Construction Company through its Proprietor with the prayer for quashing the tender notice dated 14.5.2002 and for directing the respondents to finalise the tenders already submitted by the petitioner in pursuance of the tender notice dated 2,4.2002.
(2.) Short question involved in the writ petition is that as to whether the Executive Engineer could have invited fresh tenders by means of impugned tender notice by ignoring the condition of "pre-qualification of the contractors" as provided in para 18.4.3 of the Central Public Works Department, Manual, Volume-II.
(3.) The Executive Engineer, Lucknow Central Division 2 of the Central Public Works Department initially invited applications from the contractors to pre-qualify for construction and electrical works for Regional Office Building for NABARD at Gomti Nagar, Lucknow, by means of invitation dated 31st May, 2001. In pursuance of the said invitation, the petitioner along with certain more agencies, total five in number, were selected for submitting the tender as per approval of the Additional Director General (North-Zone), Central Public Works Department, New Delhi. After selection of agencies, tenders were invited by the Executive Engineer on 27.12.2001 and all such short-listed agencies submitted their respective tenders. However, out of the five agencies, the tender submitted by M/s. U. P. Rajkiya Nirman Nigam Ltd, was declared to be invalid. Further case is that the petitioner's tender was lowest but the same was not accepted. However, the petitioner was again requested to re-submit its bid by 10.4.2002, in pursuance of which the petitioner again submitted its bid on 6,4.2002. Again the bid of the petitioner was lowest after modification. The grievance arose when the petitioner was not awarded the contract and the fresh tender notice impugned in the present petition dated 14.5.2002, was issued in which there was no condition of tenders being invited from pre-qualified contractors. The petitioner on the strength of the lowest bid asserted that he is entitled for the grant of contract as the impugned tender notice dated 14.5.2002, has not been issued in accordance with the conditions of the Manual Volume II and as such the same cannot be acted upon.;