- (1.) The petitioner seeks to challenge a communication dated 8 May 2014 issued by the Director General, CGHS, Ministry of Health and Family Welfare, intimating to it that its bid has been rejected during technical evaluation by a duly constituted Committee on the ground that Annexure 1D had not been uploaded online. The Union Government in the Ministry of Health and Family Welfare issued an e-tender document for the following purpose: "Determination of rates and empanelment of private hospitals, exclusive Eye Hospitals/Centres, exclusive Dental Clinics, Cancer Hospitals/Units, Diagnostic Laboratories & Imaging Centres under CGHS (except Mumbai)"
(2.) The tender document made it clear that e-bids were being invited through the e-procurement portal . The tender document had to be accessed online and had to be submitted online. Amongst the tender documents which were required to be uploaded was Annexure 1D. Annexure 1D was the basic document which contains, inter alia, a disclosure of all the relevant information in regard to the Laboratory Diagnostic Centre such as Space, Equipment, Quality Control and General requirements for Pathological Diagnostic Centres. It is an admitted position that the petitioner while uploading the bid on the e-portal failed to submit Anenxure 1D. The bid of the petitioner was held to be technically non-compliant by the impugned communication dated 8 May 2014 of the Director, CGHS.
(3.) The submission which is urged is two fold. Firstly, it has been submitted that the petitioner was informed at 11.50 am by email on 8 May 2014 that its bid had been admitted by the Committee, yet the petitioner was informed at 1.27 pm on the same date that the bid had been rejected during technical evaluation by the duly constituted Committee on the ground that the Annexure 1D was not uploaded. Secondly, it has been submitted that the petitioner by a communication dated 24 April 2014 had informed the e-tender cell that while uploading the bid, Annexure 1D could not be uploaded due to inadvertence of the clerical staff and together with a letter a hard copy of the Annexure 1D and bid submission confirmation and bank draft was submitted to the Additional Director, CGHS, Allahabad with a request for consideration of its bid.;