- (1.) The Uttar Pradesh State Road Transport Corporation floated an E-Tender for fabrication of Non-airconditioned Rural Type Bus Bodies on BS III Diesel Chassis of a particular specification. The number of such fabrication of bodies was indicated as 750 subject to final bids being settled in respect thereof. The terms of pre-qualification for the bids, namely, the general conditions relating to technical capability are contained in Part - I which also includes clause 3.3 which has been made the basis for rejection of the petitioner's technical bid giving rise to the present petition and is reproduced as under:- "3.3 In case an applicant deliberately hides/gives incorrect information about their working capacity and performance or if they have been black-listed or debarred by Another STU, Corporation will be free to take appropriate action against such defaulting firms."
(2.) An omnibus right reserved with the Corporation is incorporated in clause 3.6 which is also extracted hereunder:- "3.6 The Corporation fully reserves the right to accept or to reject any of the pre-qualification received and will not be liable to explain the reason to anybody for the decision taken by the Corporation."
(3.) The instructions in detail for fulfilling the said pre-qualification conditions are on record with the said tender documents that has been filed as Annexure - 4 to the writ petition. It also contains part - II which is the form relating to the documents of the technical bid. Part - III is in relation to financial bid which also contains general directions. The time-table that was prescribed for the opening of the tenders upto the stage of technical bid underwent a corrigendum whereafter the finalized time-table was conveyed as follows:- "E-Tender Document will remain available on government e-portal entender up.nic.in - 22.03.2016 (Time 10.00 Hrs.) to 26.04.2016 (Time 15.00 Hrs.) Pre- Bid conference - 08.04.2016 at 11.00 hrs. Last Date for e-submission of Tender Form is - 26.04.2016 till 15.00 Hrs. Tender's technical Bid Opening on - 26.04.2016 Time 16.00 Hrs.";