- (1.) Mr.Sandeep Singh Shekhawat counsel for the petitioner submitted that the petitioner being the highest bidder has been rejected only for reasons of purportedly not submitting his character certificate alongwith the bid, as was otherwise required. He submitted that the character certificate of the petitioner was sought to be uploaded alongwith the bid but owing to a technical reasons it could not be so done. He submitted that in this view of the matter the petitioner offered to submit his character certificate to respondents-Rajasthan State Road Development and Construction Corporation Ltd. (RSRDC) off line after technical bid was opened but it was not accepted despite Rule 61 of the Rajasthan Transparency in Public Procurement Rules, 2013 (hereinafter 'the Rules of 2013) which provides that the bid does not have a material deviation, reservation or omission, from the notified requisites, it shall be deemed to be substantiallyresponsive. Further in any event Rule 61 (2) provides that the bid evaluation committee may request the bidder to submit the necessary information or document such as the audited statement of accounts, PAN etc. within a reasonable period of time only on failure of the bidder to comply with the request may result in the rejection of the bid. Mr.Sandeep Singh Shekhawat submitted that aggrieved of the rejection of the bid for a minor rectifiable deviation the petitioner resorted to his remedy of appeal under Section 38 of the Rajasthan Transparency in Public Procurement Act, 2012 (hereinafter 'the Act of 2012') and the same was dismissed on 7.8.2019. The remedy of second appeal as provided under said section was availed within limitation but has also been dismissed on 26.8.2019. But even before the petitioner could avail the statutory remedies under the Act of 2012, work under the NIT dated 4.7.2019 for collection of toll tax at Dug-Chaumela-Sitamau Road was granted to respondent no.3 on 7.8.2019. Considered.
(2.) Issue notice of the petition as also on the stay application to the respondents. Notices be given 'dasti' to the counsel for the petitioner.
(3.) Additionally, a copy of the petition be supplied to Mr.V.P. Mathur who appears ordinarily for RSRDC. His name be shown in the cause list. Put up on September 6, 2019, as prayed. Till then the status quo qua the contract in issue granted to the respondent no.3-- Nirmala Devi be maintained.;