- (1.) In the instant writ application, the petitioner had prayed for the following reliefs: - (a) For issuance of an appropriate writ or a writ in the nature of Certiorari for quashing the decision of the Tender Committee dated 28th May, 2015 held under the Chairmanship of the Engineer -in -Chief, Building Construction Department, Government of Jharkhand (Respondent no. 3) to the extent the petitioner's Technical Bid has been declared ineligible. (b) For issuance of an appropriate writ or a writ in the nature of mandamus directing the respondents to consider the Technical Bid of the petitioner strictly in accordance with the terms and conditions as laid down pursuant to the e - procurement notice dated 13.03.2015 invited for the works of "construction of new Jharkhand High Court Building Complex at Dhurwa, Ranchi in Jharkhand for the year 2014 -15" and, thereafter, to consequently declare the petitioner's technical bid as eligible. (c) For issuance of an appropriate writ or a writ in the nature of mandamus directing the respondents to consider the Price Bid of the petitioner and if the Bid submitted by the petitioner is found most competitive, then to consequently proceed to allot work in question to the petitioner. (d) For issuance of an appropriate writ or a writ in the nature of certiorari for quashing the decision of the Tender Committee dated 28th May, 2015 headed by the Engineer - in -Chief whereby and whereunder the Technical Bid of the Respondent No. 6 -M/s Ram Kripal Singh Construction has been declared eligible in spite of the fact that the said Bidder was not having requisite experience for carrying out the similar works and was not fulfilling the qualification for Award of the contract, particularly Clause 4.5 -A(b) and 4.5 - A(c) and the said bidder had no experience for carrying out similar works of any RCC Framed Government Building Structure. (e)For issuance of an appropriate writ or a writ in the nature of certiorari for quashing the decision of the Tender Committee dated 28th May, 2015, headed by the Engineer - in -Chief whereby and whereunder the Technical Bid of the Respondent No.7 -KPC -Projects Ltd., Hyderabad has been declared as eligible in spite of the fact that the verification report of the Bank Guarantee submitted by the said Company was not received till date of opening of the Technical Bid. (f) For issuance of an appropriate writ or a writ in the nature of certiorari for quashing the decision of the Tender Committee dated 28th May, 2015, headed by the Engineer - in -Chief whereby and whereunder the Technical Bid of the Respondent No. 8 -DEC Infrastructure and Project India Pvt. Ltd., Hyderabad has been declared as eligible in spite of the fact that the Tender Committee had noted in its meeting that a similar construction work undertaken by the said Company was damaged and news in respect thereof was published in popular news papers. And/or (g) For issuance of any other appropriate order(s) as Your Lordships may deem fit and proper for doing conscionable justice to the petitioner.
(2.) During the pendency of the writ application, an interlocutory application being I.A. No. 4200 of 2015 was filed seeking for amendment in the writ application in view of the development which has taken place subsequent to the filing of the writ application and which came to the knowledge of the petitioner on account of the counter affidavit being filed by the respondents -State of Jharkhand.
(3.) The amendment application bearing I.A. No. 4200 of 2015 was heard and the same was allowed vide order dated 5.8.2015. The prayer in the amended writ application was as follows: - (a) For issuance of an appropriate writ or a writ in the nature of Certiorari for quashing the decision of the Tender Committee dated 28th May, 2015 held under the Chairmanship of the Engineer -in -Chief, Building Construction Department, Government of Jharkhand (Respondent no. 3) to the extent the petitioner's Technical Bid has been declared ineligible. (b) For issuance of an appropriate writ or a writ in the nature of mandamus directing the respondents to consider the Technical Bid of the petitioner strictly in accordance with the terms and conditions as laid down pursuant to the e - procurement notice dated 13.03.2015 invited for the works of "construction of new Jharkhand High Court Building Complex at Dhurwa, Ranchi in Jharkhand for the year 2014 -15" and, thereafter, to consequently declare the petitioner's technical bid as eligible. (c) For issuance of an appropriate writ or a writ in the nature of mandamus directing the respondents to consider the Price Bid of the petitioner and if the Bid submitted by the petitioner is found most competitive, then to consequently proceed to allot work in question to the petitioner. (d) For issuance of an appropriate writ or a writ in the nature of certiorari for quashing the decision of the Tender Committee dated 28th May, 2015 headed by the Engineer -in -Chief whereby and whereunder the Technical Bid of the Respondent No. 6 -M/s Ram Kripal Singh Construction has been declared eligible in spite of the fact that the said Bidder was not having requisite experience for carrying out the similar works and was not fulfilling the qualification for Award of the contract, particularly Clause 4.5 -A(b) and 4.5 - A(c) and the said bidder had no experience for carrying out similar works of any RCC Framed Government Building Structure. (e) For issuance of an appropriate writ or a writ in the nature of certiorari for quashing the decision of the Tender Committee dated 28th May, 2015, headed by the Engineer -in -Chief whereby and whereunder the Technical Bid of the Respondent No.7 -KPC -Projects Ltd., Hyderabad has been declared as eligible in spite of the fact that the verification report of the Bank Guarantee submitted by the said Company was not received till date of opening of the Technical Bid. (f) For issuance of an appropriate writ or a writ in the nature of certiorari for quashing the decision of the Tender Committee dated 28th May, 2015, headed by the Engineer -in -Chief whereby and whereunder the Technical Bid of the Respondent No. 8 -DEC Infrastructure and Project India Pvt. Ltd., Hyderabad has been declared as eligible in spite of the fact that the Tender Committee had noted in its meeting that a similar construction work undertaken by the said Company was damaged and news in respect thereof was published in popular news papers. And/or (g) For issuance of any other appropriate order(s) as Your Lordships may deem fit and proper for doing conscionable justice to the petitioner. (h) For issuance of a further direction including the writ of certiorari for quashing the Letter of Acceptance bearing letter no. 295 dated 06.08.2015 (Annexure -13) whereby and whereunder the bid of the respondent no. 6 for execution of the work of "Construction of New Jharkhand High Court Building (Complex) at Dhurwa, Ranchi in Jharkhand, for the year 2014 -15 has been accepted. (i) For issuance of appropriate direction including the writ of certiorari to consequently declare the agreement dated 18th June 2015(Annexure -14) executed by and between the respondents -State of Jharkhand through the Executive Engineer, Special Works Division, Building Construction Department, Ranchi with respondent no. 6 as void ab initio. ;