DIPANKAR DATTA,J. - (1.) A tender notice was issued by the Director of Transport for engaging security guards. The prospective bidders were required to furnish various documents in support of their eligibility and qualification as well as credibility for the contract work, viz. : (i) The Contract Labour License and EPF Registration Certificate with monthly deposition challan. (ii) Attested copy of PAN card and latest Income Tax return. (iii) Service Tax certificate with monthly deposition challan. (iv) Credibility and experience certificate of undertaking such/similar work in an organization of repute at least for one year having turn over Rs. 15,00,000/- per year for last two years. (v) EMD as per clause 15. (vi) Satisfactory performance certificate issued by the Govt. Department Organization.
(2.) The respondent no.5 submitted its offer. However, the purchase committee members nominated for the purpose of selection of the most suitable bidder in its meeting held on 30th August, 2011 noticed shortcoming in respect of various bidders. Insofar as the respondent no.5 is concerned, it was noted that certificate of turnover of Rs. 15,00,000/- per year for the last two years had been submitted. It is claimed by the petitioner that despite submission of all the required documents, it was selected; on the contrary, the respondent no.5 was issued the work order despite its shortcoming.
(3.) Mr. Rao, learned advocate appearing for the petitioner submits that issuance of work order in favour of the respondent no.5 despite the fact that it had furnished the requisite documents is illegal and arbitrary and, therefore, the department may be directed to cancel the work order issued in favour of the respondent no.5 and to issue work order in favour of the petitioner, being the eligible bidder.;