MAHESH GROVER, J. - (1.) THE petitioner has invoked the jurisdiction of this Court under Articles 226/227 of the Constitution of India praying for the issuance of a writ in the nature of certiorari quashing the order dated 24.1.2007 by which the pre-qualification-cum-technical bid submitted by the petitioner has been rejected and a further prayer for issuance of a writ in the nature of mandamus has been made directing the respondents to consider and open the commercial bid of the petitioner.
(2.) THE State of Haryana took a decision to provide computer and technology education services in approximately 1232 Govt. Senior Secondary Schools in the State and authorised the respondent no. 2 to undertake the process of selecting firms/companies who would be able to provide the services in order to achieve the above said objective. An advertisement was published in the Tribune on 6.11.2006 inviting tenders for providing computer education services. The minimum eligibility criteria was as follows : "1. the Bidder must be a reputed I.T. Education firm/company engaged in providing I.T. Education Services for at least 7 (seven years). 2. In the preceding 3 (three) financial years, the annual turnover of the Bidder on account of I.T. Education shall not be less than Rs. 1,00 (One) Crore on an average. 3. The Bidder should have successfully executed computer education project in India, for at least 50 (Fifty) different schools/institutions in any state during the last three years. 4. The firm/organisation of the company should be ISO 9001 certified either in I.T. Education Processes/Support Services/Curriculum Design/Channel Management at the time of notice inviting tender."
(3.) THE petitioner who fulfilled the eligibility conditions responded to the aforesaid tender notice. The tender documents prescribed some conditions which were incorporated in various articles and the relevant ones are reproduced below : "3.2.1. The Pre-qualification-cum-Technical Bid will be opened and checked for Pre-qualification Criteria under "Bidder's qualifications" Section-IV, Article 4.1. Bids of only those Bidders who qualify the Pre- qualification Criteria will be Technically evaluated and processed further. 4.1. The Bidder should be incorporated as a Private/Public Limited company or a Registered Firm engaged in IT Education in India and fulfilling the following preconditions and must also submit documentary evidence in support of fulfilling these conditions while submitting the pre-qualification cum technical bid. 4.1.1. The Bidder must be a reputed I.T. Education firm/company engaged in providing I.T. Education Services for at least 7 (seven) years. 4.1.2. In the preceding 3 (three) financial years, the annual turnover of the Bidder on account of IT Education shall not be less than Rs.1,00 (One) Crore on an average. 4.1.3. The Bidder should have successfully executed computer education project in India, for at least 50 (Fifty) different schools/institutions in any state during the last three years. 4.1.4.The Bidder will submit a letter from a financial institution that it willing to fund this project or should have sufficient reserves to implement the project. 4.1.5. The firm/organization or the company should be ISO 9001 certified either in IT Education Processes/Support Services/Curriculum Design/Channel Management at the time of notice inviting tender." The petitioner submitted his tender documents in two parts i.e. technical bid and the commercial bid. The technical bid was opened on 4.12.2006.;