- (1.) DURING the course of marathon hearing, several issues forming the subject matter of this appeal were canvassed and argued before us by the learned counsel for the parties. One such issue related to the prescription of specification for the purchase of the tractors; the other about the competence of an individual junior ranking officer in Birsa Agriculture University on whose recommendations the specifications were fixed. The third issue was as to whether it could not have been desirable if a multi member committee would have been entrusted the task of selection of the tractors, on the basis of the best available options and the lowest price.
(2.) DURING the course of arguments it came out that initially the Respondents had invited quotations for purchase of tractors of 40/45 H.P., this was later on canceled. Subsequently, another NIT was issued inviting quotations for purchase of tractors having engine of 40 H.P. (2700 C.C.) and this was subsequently modified in the sense that the cubic capacity was changed from 2700 C.C. to 2500 C.C. and above. This modification and change in the specification gave rise to the controversy forming the subject matter of the present appeal. It was argued during the course of hearing that either the Respondents should have specified the H.P. only or the cubic capacity of the engine only because specifying the H.P. and the Cubic Capacity simultaneously, perhaps, was not required. It was also argued that merely on the basis of an advise rendered by a Junior Ranking Farm Superintendent in the Agricultural University, the Respondents should not have taken this vital decision and they should have involved technical experts preferably Automobile Engineers who knew about the tractors and the plying of the tractors in the field. It was also argued that actually a multi member committee should have collectively taken a decision in the matter.
(3.) IN the meanwhile, however, the Respondents, namely, Jharkhand State Tribal Cooperative Development Corporation Limited have issued a notice cancelling the aforesaid N.I.T. and because of the cancellation of the aforesaid N.I.T., this appeal has now been rendered infructuous.;