S. Chandrashekhar, J. - (1.) Seeking quashing of order dated 24.9.2015 rejecting the bid submitted by the petitioner, the present writ petition has been filed. The brief facts of the case are that, tender notice bearing NIT Ref. No. DGM/CC/15 -16/110 dated 20.8.2015 was issued for the work of "Stabilization of Longwall Panels of 16 Seam of Upper Seam Project, Chasnala Colliery". The last date for submission of tender was 9.9.2015 by 11:00 a.m. and the bid was to be opened on the same day at 11:15 a.m. The petitioner submitted its Techno -Commercial (Part -I) and Price Bid (Part -II). The petitioner's bid included earnest money of Rs. 5 Lacs through demand draft dated 7.9.2015 and a certificate issued by M/s. Electrosteel Castings Ltd. disclosing its work experience. However, vide letter dated 24.9.2015 the respondent -Steel Authority of India Limited returned the earnest money deposit and the price bid of the petitioner. The representative of the petitioner immediately approached the respondent No. 2 who advised to contact the Tender Committee. The members of the Tender Committee informed the petitioner that it does not fulfill eligibility criteria laid down under Clause 15.1 and therefore, it has been disqualified in Techno -Commercial bid evaluation.
(2.) Mr. A.K. Mehta, the learned counsel for the petitioner refers to tender notice dated 13.6.2012, tender notice dated 26.12.2013, tender notice dated 13.1.2014 and tender notice dated 4.2.2014 and submits that, under the present NIT also a tenderer is required to submit the work experience of stabilization/stowing job or development in Coal/Jhama or supporting/packing job in underground mines in the manner similar to previous NITs. The petitioner has executed similar nature of work under M/s. Electrosteel Castings Limited and certificate dated 4.9.2015 has been issued by M/s. Electrosteel Steel Castings Limited affirming that the scope of service rendered by the petitioner to M/s. Electrosteel Castings Limited included service in connection to construction of ventilation connection, loading/transporting of coal or stone and roof supporting with installation of arches and wire netting. It also deployed skilled man power and provided various face equipments. Referring to Clause 15.1 of the tender document, the learned counsel for the petitioner submits that, the petitioner duly fulfills the requisite eligibility criteria and therefore, rejection of its Techno -Commercial bid is arbitrary.
(3.) Mr. A.K. Sinha, the learned Senior counsel for the respondent -SAIL submits that, experience certificate submitted by the petitioner does not disclose the requisite experience for performing the jobs under the contract.;