ASOK POTSANGBAM, J. - (1.) Heard Mr. R. Iralu, learned counsel appearing for the petitioners as well as Ms. Y. Longkumar, learned Government Advocate appearing on behalf of the respondent Nos. 1 to 4. Also heard Ms. V. Suokhrie, learned counsel appearing for the respondent No. 5.
(2.) By this writ petition, the petitioner has challenged the work order dated 28.7.2009 under No. CE(II)/TB/UPGRN-GHS/PHEK/2009 issued by the Chief Engineer, PWD (Housing) for construction of Government High School, (GHS), Phek (Upgradation of Phek GHS), in favour of the 5th respondent, M/s. Neikho-O Mere & Co., and the terms and conditions therein stipulated that the work was to be completed within a period of 24 months from the date of issue of the work order. At the time of issuing notice, this Court passed an interim order on 13.9.2009 for maintaining status quo and also for restraining execution of the work by the respondent No. 5. In view of the order passed by this Court, it is informed that work order dated 28.7.2009 (Annexure-E) has not yet been executed. Two separate affidavits-in-opposition have been filed, disputing and controverting the contentions of the Petitioner, one by the Government respondent Nos. 1 to 4 and another by the respondent No. 5. Misc. Case Nos. 138 and 139 of 2009 have been filed by respondent No. 4 and the Government respondents respectively, for vacating the interim order dated 13.8.2009. Re-joinder affidavit to the affidavit-in-opposition of the respondents, has also been filed by the petitioner. Exchange of affidavits have been completed between the parties and the case is ready for hearing. In view of the urgency involved in the case and also as agreed upon by the learned counsel appearing for the parties, instead of considering the Misc. applications for vacation of interim order, this matter is taken up for final disposal and the parties are heard on 23.11.2009 and 25.11.2009.
(3.) For better appreciation of the issues raised in the case by the contesting parties, the following brief facts may be noticed. 3(i). It is stated that a short notice inviting tenders dated 19.5.2009 was issued by the office of the Chief Engineer PWD (Housing), Government of Nagaland inviting tenders from the eligible registered Contractors of Nagaland PWD Class-I/CPWD/MES, for 11 works of construction and upgradation of Government High Schools in 11 districts of the State. After receipt of the tenders submitted by the competing Contractors, the case of six tenders have been finalized on 8.6.2009 and necessary work orders have long been issued whereas, in the case of construction and upgradation of Government High School at Phek, the Government decided to re-call/re-tender the tender as there was only two tenderers who participated in the tender. It may be noted that in order to be a lawful and valid tender, there is a need for participation of not less than three tenderers in a particular tender. Accordingly, Government issued a fresh tender notice dated 18.6.2009, inviting eligible contractors/firms in respect of the construction and upgradation of Government High School at Phek. 3 (ii) In all, 7 tenderers/firms submitted their bid for the work at Phek and the Tender Board, after opening the Tender/bid submitted by the competing 7 tenderers, prepared a comparative chart (Annexure-D). According to the comparative chart, serial Nos. 1, 2 and 4 submitted their tender as per the scheduled of rate (SOR for short) of building NPWD 2008. Serial Nos. 3, 5 and 6 submitted their bids above the SOR i.e. 4%, 20% and 15% respectively. The bid of the petitioner was found 1% below SOR and accordingly, it was recorded so in the comparative statement. 3(iii) Thereafter, on the recommendation of the Tender Board, the respondent No. 5 was awarded the contract for construction and upgradation of the Government High School at Phek on the terms and conditions stipulated therein, vide the impugned order dated 28.7.2009.;