DINESH MEHTA,J. - (1.) This writ petition has been preferred by the petitioner challenging rejection of his technical bid in pursuance of E-Tender for security contract issued by the respondent.
(2.) Post filing of the writ petition, the petitioner has placed on record a communication dated 16.09.2019, sent on behalf of the respondent Company, inter alia giving out reasons, for which his bid was rejected. Those reasons are reproduced hereinfra: "2. That consequent upon Technical Bid Evaluation (TBA) carried out in line with Bid Evaluation Criteria and clarification received from DGR vide e-mail dated 19.08.2019 in respect to Bid Evaluation, M/s. 4322/Dhanna Ram Siyag Security Agency was summarily disqualified as the validity of Empanelment Certificate issued by DGR to M/s. 4322/Dhanna Ram Siyag Security Agency was expiring on 06.09.2019 and contract execution date is 16.09.2019. Further, in line with the provision stipulate vide para 26(a) of DGR Guidelines, "When an Individual ESM has attained the age of 60 years, the validity of Empanelment of the ESM will cease once the ESM attains 60 years of age. However, existing contracts will be allowed to run to completion." 3. That as per the TBA, approval of price of bid opening and recommendations thereof by Technical Committee, the order for SECURITY SERVICES FOR JL-PIPELINE INSTALLATIONS OF ABU ROAD and NG PIPELINE INSTALLATIONS OF RAMGARH, JAISALMER has been placed to successful bidder i.e. M/s. MAHENDRA SINGH JODHA at a total value of Rs. 4,67,64,902.45 (including GST @ 18%) for Abu Road and FOA as Rs. 2,07,98,909.18 (including GST @ 18%) (including GST @ 18%) for Ramgarh."
(3.) Though, the above communication dated 16.09.2019, disclosing reasons for rejection of petitioner's bid has not been challenged, but for the purpose of substantial justice, the Court considered petitioner's contentions in relation to reasons for non suiting the petitioner.;