- (1.) The petitioner has challenged the fresh tender process undertaken by the respondents as well as a term of eligibility therein contending that the same is only to accommodate the private respondent No.4.
(2.) Respondent No.2 is a society for promotion of quality education for poor and meritorious students of Punjab. Respondent No.3 is the Deputy Commissioner, Bathinda, Punjab whereas respondent No.4 is 'Bagdanga Pachim Gheri Bishalakshmi Club', in whose favour the work order has been issued pursuant to the fresh tender process.
(3.) (A) On 08.12.2015, the official respondents invited tenders by a notice inviting tenders. Clause 'G' of the eligibility conditions read as under:- "G. The contractor must have achieved minimum turnover Rs.4.5 crores (four crore fifty lacs only) from the similar type of work each of the last three years i.e. F/Y 2012-13 to 2014-15. Certified copies of audited P&L Statement and balance sheets by practicing C.A. for the last 3 years i.e. FY 2012-13 to 2014-15 must be uploaded. Scanned copies uploaded without valid CA certification shall be rejected." (B) On 15.12.2015, six bidders attended the pre-bid conference. On 23.12.2015, only the petitioner was declared eligible. The official respondents, however, opened its financial bid. They, however, abandoned the tender process and initiated a fresh tender process. Clause (G) of the eligibility condition set out earlier was altered by reducing the requirement of the minimum turnover to Rs. 3 Crores.;