BAIENGSKHEM S. LYNGDOH Vs. THE STATE OF MEGHALAYA AND ORS.

JUDGEMENT

(1.) HEARD Mr. N. Mozika, learned counsel for the petitioner, Mr. ND Chullai, learned Sr. GA assisted by Mr. B. Khyriem, learned GA appearing for the respondents No. 1 -3 and Mr. B. Bhattacharjee, learned counsel for the respondent No. 4.

(2.) BY this writ petition, the petitioner is assailing the final work order No. PW/CE/BD/TR/129/2014/48 dated 8th December, 2014 for construction of residential school at Shnongkalong village, Ranikor, West Khasi Hills to the respondent No. 4 (Annexure -11 to the writ petition) and also for a direction to the respondents No. 1 -3 to award the said contract work in favour of the petitioner.

(3.) THE petitioner also constituted a joint venture with one Shri D.C. Khongsit, who is a Registered Class -I Contractor. The joint venture of the petitioner and Shri D.C. Khongsit being eligible in all respects had submitted their bids under the two bids system (i.e. technical bid and financial bid) for the work "Construction of Residential School at Shnongkalong village, Ranikor, West Khasi Hills District". Four other bidders namely, Smt. Banalari Khongwar (respondent No. 4), Shri R.Kenneth Hashah, Shri Hapbok Lyngkhoi and Shri R.S. Gallong also submitted their bids for the said contract work. As per the said NIT, the approximately tender value for the work ("construction of residential school at Shnongkalong village, Ranikor, West Khasi Hills District") was Rs. 2,44,91,000/ - (Rupees two cores forty four lakhs ninety one thousand) only. The eligibility criteria laid down in the said NIT was that the tenderer should have satisfactorily completed during the last 5 (five) years at least: