G J FERNANDEZ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner is aggrieved by the award of a contract by the Karnataka Power Corporation Ltd. (KPC), an instrumentality of the State of Karnataka, in favour of the Mysore Construction Co. (MCC). His writ petition and a further writ appeal in the Karnataka High Court having been unsuccessful, he has preferred this Special Leave Petition from the judgment of the High Court in the writ appeal. We have heard counsel for both sides at length. We grant special leave and proceed to dispose of the appeal.

(2.) THOUGH, at an earlier stage of the proceedings there were some allegations of favouritism, the plea of the petitioner, as urged before us, is that the KPC should not at all have entertained the tender of MCC as the MCC did not fulfill certain preliminary requirements which, under the Notification Inviting Tenders (NIT), had to be fulfilled even before the forms of tender could be supplied to any intending contractor.

(3.) IT appears that six parties applied for tender books. These were scrutinised with reference to the pre-qualifying requirements and date on experience, work done etc. as furnished by each of the applicants. Four of the firms were found to be pre-qualified by the Chief Engineer and tender books were issued to them. Only three of them, however, submitted completed, tender books by 27/02/1989. These tenders were examined by the Chief Engineer as well as an independent firm of Engineering Consultants, namely, Tata Consulting Engineers (TCE). Both the Chief Engineer as well as TCE recommended acceptance of the tender of MCC (which was the lowest tender) in view of the fact that MCC had adequate experience in the construction of RCC works and they were capable of mobilising the work-force required. for the work. IT may be mentioned that after making necessary adjustments 'IT was found that the tender of MCC was Rs. 15 lacs less than the tender of the petitioner.