Sureshwar Thakur, J. - (1.) THE respondents had floated tenders for execution of work nomenclatured as "Channelization of Chhounchh Khad in Tehsil Indora District Kangra, H.P. (SH; -C/o EARTHEN Embankment including crated apron, stone pitching etc. from RD 1000 to 5000 i.e. increased slopping width of pitching NSL to LWL." The estimated cost of work aforesaid to be executed through a Contractor was a sum of Rs. 11,62,75,450/ -. The petitioner herein avers that he fulfilled all the requisite enjoined conditions to compete with other Contractors for allocation of the work aforesaid to him, qua which through tenders floated by the respondents, quotations from him as well as from other competing bidders were invited. The petitioner was declared qualified for the technical bid by the respondents. The declaration of the petitioner herein by the respondents to be qualified for the technical bid rendered him fit and eligible for the financial bid. The imperative enjoined conditions for constituting the petitioner herein to be eligible to participate and be declared eligible for allocation of work was vis   -vis the petitioner his having during the last seven years previous to the floating of tenders by the respondents for execution of work aforesaid, completed three similar works costing not less than an amount equal to 40% of the estimated cost.
(2.) THE respondents herein, while considering the apposite material placed before them, for construing whether the material hence portrayed the factum of the petitioner herein having complied with the conditions aforesaid and its being in abundant or not, issued a communication, comprised in Annexure P -5, to the petitioner eliciting therein from the petitioner the details of works certified by the authorities concerned showing/demonstrating the awarded amounts, completion cost as well as the copy of the final bill. The petitioner proceeded to make a representation to the respondents comprised in Annexure P -6 in which he appended material in purported satisfaction of the enunciation in Annexure P -5. Moreover, the petitioner after forwarding his representation comprised in Ext. P -6 also furnished to the respondents Annexure P -7. Nonetheless, the respondents vide Annexure P -10 rejected the representation of the petitioner herein. The petitioner is aggrieved by the orders rendered by the respondents comprised in Annexure P -10 and seeks its being quashed and set aside besides the petitioner ventilates a grievance that Annexures P -6 and P -7 while constituting compliance with the mandated condition of his having completed during the seven years previous to the floating of tenders by the respondents three completed works costing not less than the amount equal to 40% of the estimated cost of the work proposed to be executed by the respondents, he be declared eligible for participation in the financial bid.
(3.) THE respondents in the reply to the writ petition contend that the prayer made by the petitioner in the writ petition is untenable and Annexure P -11 is discardable, besides it is contended that the works in purported compliance by the petitioner within the enjoined mandate of the apposite rules entailing upon him to furnish proof qua his having completed three works during the 7 years previous to floating of tenders by the respondents for execution of the contemplated work, cost whereof is equivalent to 40% of the estimated cost of the work proposed to be awarded to the successful bidder, is not a single consolidated work rather is a plurality of jobs/works performed by the petitioner herein. In aftermath, it is contended that the petitioner herein has not begotten compliance with the enjoined mandate of the aforesaid rules.;