- (1.) The petitioner, a partnership firm, has sought a writ of certiorari to quash the official respondents' decision dated 01.04.2016 rejecting their tender. The petitioner has also sought an order declaring Clause-24 of a policy, issued by the official respondents, as null and void. Lastly, contending that its bid was the most competitive, the petitioner has sought the consequential relief directing the respondents to allot it the work in question.
(2.) The petitioner is a partnership firm. The respondents invited tenders. Clause-24 of the policy stipulates that to qualify for the technical bid, the tenderer must have in his name experience of two years in transportation of food-grains. The question that falls for consideration is whether the experience of a partner of the petitioner-firm can be considered to be the experience of the firm. We have answered the question in the affirmative both on principal and on precedent. The judgment of the Supreme Court in New Horizons Limited and another vs. Union of India and others, 1995 1 SCC 478 , in our opinion, answers the question conclusively in favour of the petitioner.
(3.) The petitioner is a partnership firm registered on 21.01.2016 under the Indian Partnership Act, 1932. The petitioner's partners are one Danial Masih and one Satprit Singh Bedi. Respondent No.2, on 11.03.2016, issued a tender notice regarding the work of all the purchase agencies of the State of Punjab, such as, PUNGRAIN, MARKFED, PUNSUP, Punjab State Warehousing Corporation, Punjab Agro Foodgrains Corporation and FCI for the contract period 01.04.2016 to 31.03.2017 (Rabi and Kharid Season) involving the transportation of products and stock articles and labour for storage centers/cartage and labour for the godown of P.E.G. E-tenders were invited for the said work. Clause-5 of the tender notice provided that the contractor must fulfil the technical qualifications as per the technical bid policy. Respondent No.2 had published, on 24.03.2016, a similar tender notice for the same work and for the same period.;