- (1.) Heard learned counsel for the parties.
(2.) Petitioner participated earlier in N.I.T No. WRD/IGC/SCD/Turnkey01/201516 issued by Water Resources Department for construction of Canal Tunnel from 12.22 to 13.95 Km. of Kharkai Right Main Canal on Turnkey Basis for estimated cost of Rs. 137 Crores. When the Tender Committee sat to consider the financial bid of two bidders, petitioner being one of them, in its meeting held on 16th December, 2015, it came to their notice that petitioner's firm had been debarred by National Highways Authority of India and his bid became disqualified for not confirming to condition no. 20 of N.I.T which required that the interested bidder should not have been blacklisted for the last 5 years and affidavit should have been enclosed. The said NIT had to be aborted as it became a matter of single bidder. Annexure4 to the writ petition is the minutes of meeting of Tender Committee dated 16th December, 2015. That decision admittedly remain unchallenged by the petitioner who participated in fresh N.I.T issued thereafter bearing no. WRD/IGC/SCD/Turnkey01/201516 for the same work with the same estimated cost. This time the Tender Committee in its decision for evaluation of the prequalification bid on 17th February, 2016 has found that petitioner was ineligible to participate on account of the debarment order issued by National Highway Authority of India within a period of 5 years prior to the date of N.I.T. His bid was declared as nonresponsive.
(3.) This time the petitioner had disclosed about his debarment by National Highway Authority of India. In the previous bid, petitioner had only disclosed that he was not debarred or blacklisted by the State Government of Jharkhand. That order of Departmental Tender Committee dated 17th February, 2016 (Annexure2) has been challenged by the petitioner .;