- (1.) Heard counsel for the parties. Applicability of Clause 2.2.8 of Request for Qualification (in short 'RFQ') Document framed by the Respondent No. 2 - State Highways Authorities of Jharkhand while inviting tender for improvement and up -gradation of Rangamati - Tikar -Hazam -Banta -Silli Road (MDR -025), is called into question in the present writ application. Petitioner has prayed for following relief (s). (i) For issuance of an appropriate writ / order / direction, including Writ of Certiorari, for quashing the order dated 8.12.2015 passed by Principal Secretary, Road Construction Department, Government of Jharkhand communicated to the petitioner by Respondent No. 3 whereby and whereunder he has held that Clause 2.2.8 of the Request for Qualification (for short 'RFQ') Document is applicable to the petitioner. (ii) For issuance of appropriate writ / order / direction including Writ in the nature of Declaration, declaring that Clause 2.2.8 of the RFQ Document, as promulgated by State Highways Authority of Jharkhand for award of "Engineering, Procurement and Construction Contract" is not applicable in the facts and circumstances of the present petitioner. (iii) For issuance of further appropriate writ / order / direction, including Writ of Mandamus, directing the Respondent No. 2 not to debar and / or disqualify the technical bid of the petitioner in respect of the Tender floated by Respondent No. 2 pertaining to Engineering, Procurement and Construction (for short 'EPC') contract by taking aid of clause 2.2.8 of the RFQ Document. (iv) For issuance of further appropriate writ / order / direction, including Writ of Mandamus, directing the Respondents to consider the technical bid of the petitioner in respect of Notice Inviting Tender (for short 'NIT') for the work of 'Improvement and Upgradation of Rangamati -Tikar -Hazam -Banta -Silli Road (MDR -025)" and to consequentially allot the work in question to the petitioner if the petitioner's bid is found most competitive.
(2.) Earlier, on 15.12.2015 when the matter was first taken up, a Coordinate Bench of this Court granted time to the Respondent State to file counter affidavit. Petitioner being aggrieved therefrom, approached the Letters Patent Court in LPA No. 749/2015 with a grievance that no stay have been granted. Learned Division Bench vide judgment dated 17.12.2015 directed the Respondent not to finalize any technical bid for the contract in question, till WPC No. 6000/2015 is finally decided by the learned Single Judge or till the prayer for stay in the said writ petition is finally decided by the learned Single Judge or whichever is earlier.
(3.) The matter was running on board in today's list and has been taken up on the request of the learned counsel for the parties. Order dated 08.12.2015, impugned at Para -1(i) (Annexure -15) has been passed by the Principal Secretary, Road Construction Department communicated by the Respondent Member Technical, State Highways Authorities of Jharkhand Pursuant to the direction passed in WPC No. 1640/2015 preferred by the same petitioner in connection with NIT dated 23.01.2015 for widening / Strengthening / Reconstruction of Hazaribagh - Bargakagaon -Tandwa -Khelari -Bijupara (SH -7) Road. The Bid Evaluation Committee of the aforesaid tender had ascertained that the contract between joint venture entity of SADBHAV - GKC Ltd. (petitioner) and Bihar State Road Development Corporation Limited (in short ' BSRDCL), Patna stood terminated by BSRDCL, a public entity, and no Court of law or Arbitral Tribunal had quashed the termination order or given injunction on Clause 2.2.8 of RFQ Documents of State Highways Authorities of Jharkhand.;