PRASHANT KUMAR,J. - (1.) This writ application has been filed for quashing the decision of the Tender Committee taken in the meeting dated 06.10.2015 whereby it rejected the bid of the petitioner in connection with Tender no. DWSD/Distribution/01/2015 -16 dated 30.07.2015 being violative of Clause 163(a) of the P.W.D. Code. Petitioner also prayed for quashing the letter dated 12.11.2015 ( Annexure -4) by which the petitioner has been communicated that its bid has been rejected under clause 163(a) of P.W.D. Code. Petitioner further prayed for issuance of a direction commanding the respondents to forthwith issue the work order in favour of the petitioner in connection with the aforesaid Tender. Petitioner further prayed that Clause 163(a) of the P.W.D. Code, 2012 be declared directory in nature.
(2.) It appears that the Drinking Water and Sanitation Department, Govt. of Jharkhand, issued an Invitation for bid ( Annexure -1) vide Tender Reference No. DWSD/Distribution/01/2015 -16 dated 30.07.2015 for Shifting of 600 mm dia D.I.K -9 pipe and 600 mm dia M.S. pipe along Booty - Bariatu road from Departmental check post to Karam toli chowk under D.W.& S.Sw./Distribution Division, Ranchi.
(3.) It is stated that the petitioner being an eligible contractor had participated in the tender process by uploading its bid on 18.08.2015. It is stated that apart from the petitioner, three other bidders also participated in the said tender process. It is further stated that the technical bid of the tenderers opened on 24.08.2015. Thereafter, the Superintending Engineer, Drinking Water and Sanitation Department, Urban Circle, Ranchi vide his letter no. 986 dated 02.09.2015 send the comparative statement of the tenderers to the Headquarter. The Regional Officer(s) found the petitioner as well as three other bidders to be technically qualified and recommended for proceeding further. It is stated that on 20.09.2015, the price bids were opened online and the Executive Engineer,Swarn Rekha Distribution Division, vide letter no. 1056 dated 30.09.2015 forwarded the comparative statement of the price bids, of the aforesaid four bidders, before the Tender Committee. The Tender Committee held its meeting on 06.10.2015 under the Chairmanship of the Engineer -in -Chief, Drinking Water and Sanitation Department, Govt. of Jharkhand, Ranchi. In the said meeting, the bid of the petitioner rejected as per the provision of clause 163(a) of the P.W.D. Code, because the price offered by the petitioner was 10% below of the amount mentioned in the bill of quantity. On the same day, the Tender Committee took decision to award the work to one M/s L.R. Sharma & Company, New Delhi ( respondent no.5). It is stated that immediately thereafter, petitioner filed representation before the Engineer -in -Chief on 29.10.2015 stating the reasons for quoting the price below 10% of the amount mentioned in the Bill of Quantity. However, the respondent (Engineer -in -Chief) inform the petitioner vide letter dated 12.11.2015( Annexure -4) that as per Clause 163(a) of the P.W. D. Code, the tender quoted below 10% of the amount mentioned in the Bill of Quantity is required to be rejected ab initio, thus, the tender submitted by the petitioner cannot be validated.;