- (1.) GSCO infrastructure Private Limited, a company duly incorporated under the Companies Act 1956, through its Managing Director who is duly authorized and fully aware of the facts of the case, filed writ petition under Articles 226/227 of the Constitution of India for issuance of writ of Certiorari quashing order dated 13.10.2014 (Annexure P-5) whereby petitioner was held as not eligible to participate in Tender Process in respect of E-Tender Notice No.2, Pataila dated 19.09.2014 (Annexure P-1) for work of " converting Banur Canal System From Non-Perennial to Perennial" by constructing weir for RD 0-1510 across river Ghaggar Near Chhatbir (balance work at the risk and cost of M/s D.S.Pannu and Associates). By way of writ of mandamus, it was claimed that after holding petitioner eligible, respondents be directed to allow participation of petitioner in tender process by submitting its technical and financial BID.
(2.) The PRE-Qualification Criteria for the aforesaid work was that bidder should qualify one of the three criteria's of having successfully completed works during last five years ( in lacs) " at least one work valuing not less than 2000 lacs" (Annexure P-1). This criteria was later on changed by increasing the value of one work from 2000 lacs to 2240 lacs vide corrigendum No.1 dated 24.09.2014 (Annexure P-2).
(3.) Learned Shri Puran Singh Rana, Advocate for the petitioner argued that petitioner attended pre-bid Conferences and submitted all the required documents relating to pre-qualification criteria of the bidders including original certificate of completion/experience issued by the Superintending Engineer, Narmada Development Circle No. 1, Sanwad District Khargone (M.P) (Annexure P-4). This certificate dated 16.11.2012 shows that petitioner has successfully completed the work of Upper Beda Dam Project on 27.12.2010 amounting to Rs. 5079.25 lacs within a period of last five years. Later on, vide corrigendum No.3 dated 13.10.2014 (Annexure P-5), respondents postponed the further processing of the tender due to administrative reasons till further orders. However, no reason for postponement of tender was conveyed to the petitioner. Subsequently, petitioner came to know that the Tender Committee has held the petitioner as not eligible vide its report dated 13.10.2014 due to extraneous reasons. No such report was ever conveyed to the petitioner but he got the copy of report through RTI. In fact, as is evident from the certificate dated 16.11.2012 (Annexure P-4), petitioner completed the work of Upper Beda Dam Project on 27.12.2010 for an amount of Rs. 3871.21 lacs. Of course, this work was allotted vide agreement dated 01.10.2003 yet the said work has been completed during the last five years. Criteria laid down in the tender no where provides that a bidder should have executed work not less than Rs. 2240 lacs within last five years starting from 2009 to 2014.;