SMRAT INDER SINGH Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) The petitioner, said to be engaged in the contract work with the respondent No. 3 for supply of eatables/commodities, has filed this writ petition seeking to question the proceedings in relation to schedule item No. 74 in the notice inviting tender (NIT) dated 09.12.2015 wherein, the bid given by the respondent No. 4 has been accepted by the official respondents.

(2.) The case of the petitioner is that the bid submitted by the respondent No. 4 was not in conformity with the terms of NIT, inasmuch he failed to meet with the requirements of Sub-Clause (f) of Clause (4), whereunder, past experience certificate from the authorised office "for providing supplies of items fit for human consumption with specific grading for performance for a period not later than 3 years to the tune of 75% or more than the value of Schedule contract" was required to be given.

(3.) The petitioner has referred to the alleged certificate said to have been submitted by the respondent No. 4 with his tender (Annexure III page 48) and it is contended that therein, only a list of alleged works performed has been given by the Officer concerned in relation to respondent No. 4 for the financial years 2013 14, 2014 - 15 and 2015 16; but neither grading for performance is stated nor it is specified that the supply had been of the items fit for human consumption. The petitioner has attempted to contradistinguish the certificate submitted by the respondent No. 4 with the certificates submitted by him (Annexure II pp 34 36), and it is submitted that such certificate ought to have been carrying all the necessary particulars as required by Sub-Clause (f) of Clause (4) of the NIT. It is, therefore, submitted that the technical bid of the respondent No. 4 was required to be rejected but has wrongly been accepted by the official respondents in an entirely unreasonable and irrational manner.