- (1.) With a view to shortlist "Passenger Rolling Stock Design & Manufacturing Companies" through a pre-qualification process for the design, manufacture, supply, testing and commissioning of electric multiple units and training of personnel for the Kolkata Metro Railway Project (hereafter the project), Kolkata Metro Railway Corporation Ltd. (hereafter KMRCL) had issued Prequalification Tender Notification (Revised) (hereafter the notification) dated 25.3.2009. The notification provided that KMRCL would appoint "General Consultant" for assisting it in evaluating the tenders. Indian as well as international companies, either by themselves or as a joint venture/consortium were invited to complete the pre-qualification enquiry documents in proforma format. The applicants were required to have a good financial standing and performance record, requisite experience and capacity in the fields for which the notification was issued. The notification envisaged a three-tier process. Those applicants succeeding in the prequalification stage would be entitled to have the tender documents for submission of technical bid and financial bid.
(2.) It appears from the counter affidavit filed by KMRCL that the proposal for construction of East- West Metro Corridor Project from Howrah Maidan to Salt Lake, Sector V, Kolkata for the present with scope for future extension from Dasnagar to other neighbouring areas of Howrah was approved by a study cabinet in its meeting held on 14.6.2007 pursuant whereto the project was conceived with target date of completion being October, 2014. The project cost would be borne by the Japan International Corporation Agency (hereafter JICA), the Central Government and the State Government in the ratio of 45:25:30 respectively.
(3.) BEML Ltd., the first petitioner (hereafter BEML) submitted its pre-qualification tender application on 24.4.2009. Seven other consortium/joint venture/sole manufacturers also expressed interest. The General Consultant upon consideration of applications filed by the 8 (eight) applicants shortlisted 5 (five) of them. The same was approved by the Chief Engineer Level Committee constituted by KMRCL on 15.5.2009 and its decision was placed before JICA on 25.5.2009. An objection was raised in respect of the 5th shortlisted consortia i.e. M/s. Alstom, India & France. The observation of JICA was again placed before the General Consultant. On 29.5.2009, the objection was accepted and the General Consultant ultimately short-listed 4 (four) consortia. The Chief Engineer Level Committee on 3.6.2009 accepted the decision of the General Consultant whereafter the Board Level Committee of KMRCL approved it. The same was again placed before JICA on 16.6.2009 and obtained its approval. On 29.6.2009, the Chairman of KMRCL approved it whereafter the Board of Directors of KMRCL ultimately approved the decision on 27.8.2009. This resulted in issuance of notice dated 15.7.2009 disclosing the names of the 4 (four) shortlisted consortia. BEML was not short-listed.;