- (1.) The refusal of the respondent Corporation to issue Tender Schedule to the petitioner's firm on the ground that the petitioner did not fulfill Condition No.5 of the tender notice is assailed in this writ petition. The controversy brought before the Court turns around the question whether the petitioner had executed similar group of works for Rs.120 (One Hundred and Twenty) lakhs or similar single work for Rs.30 (Thirty) lakhs during the financial years 1996-97,1997-98 and 1998-99. If the Court were to answer this question positively, the refusal to issue tender schedule to the petitioner should be held to be unjustified and illegal, and on the other hand if the Court were to answer this question negatively, the petitioner cannot seek mandamus.
(2.) The factual matrix of the case be noted briefly as under : The respondent Corporation issued Tender Notification No.4/APHMHIDC/99-2000, dated 9-6-1999 calling for tenders for award of two items of works. This case relates to item (2) work i.e., construction of hostel building for girl students in the premises of Nature Cure Hospital at Hyderabad. Under the Tender Notification, the last date for receipt of application for tender documents was 28-6-1999, and 8-7-1999 was fixed as the last date for receipt of the tenders and for opening the tenders. At this stage, the writ petition was filed in this Court on 7-7-1999 and on the same day, this Court while entertaining the writ petition issued an interim direction not to finalise the tenders. Learned Standing Counsel for the respondent Corporation is not in a position to tell the Court whether the tenders were opened on 8-7-1999 or not.
(3.) The Condition No.5 of Tender Notice reads : "5. Applications for supply of tender documents should reach this office along with (i) the contractors recent photograph attested by a Gazetted Officer (ii) separate D.Ds. towards cost offender schedules and EMD at 1.50% and attested xerox copies of registration certificate, latest 1TCC, latest sales tax clearance certificate and experience certificate issued by the Government/Quasi Government Executive Engineer having executed group of similar nature of works. For item No.l, Group of works for Rs.92.00 lakhs or single work for Rs.23.00 lakhs. For item No.2, Group of works 120.00 lakhs or single work Rs.30 lakhs, during any one year of the preceding three-financial years (i.e., 1996-97 onwards). As per this condition, an applicant for the contract should have the experience of having executed group of similar works for Rs.120 lakhs or a single similar work for Rs.30 lakhs during any one year of the preceding three financial years. Since the tender notification was issued on 9-6-1999, it may be noted that the petitioner in order to qualify itself to apply for the contract, should have executed group of similar works for Rs.120 lakhs or single work for Rs.30 lakhs during any of the financial years 1996-97 or 1997-98 or J998-99. The question is whether this prescription is satisfied by the petitioner.;