RAVI AGENCIES Vs. UNION OF INDIA

JUDGEMENT

(1.) AN ineligible tenderer who had participated in tenders invited by the 2nd respondent - Bharath Sanchar Nigam Ltd. , from qualified persons to quote their offers and who has, in response to the said tender notification No. MS/dealer Distributor Tender/karnataka/02-03/1 Dated @ BG-8, the 5-8-2002, had made his officer, has approached this Court contending that even when he had given the least quotation, the respondents have not favoured him with contract, but have entrusted the contract to a person who had offered an higher quotation than that of the petitioner.

(2.) IN the circumstances, petitioner has called in question the validity of the award of the contract providing mobile service in the Uttara Kannada District in favour of the 3rd respondent.

(3.) IT is the contention of the petitioner, that while the petitioner had offered the lowest price of Rs. 85/- for activation and commission @ 8%, the 3rd respondent had quoted at Rs. 88. 40 paise as the activation charges and had sought commission @ 94%. The petitioner contending that even when he has complied with all the tender requirements and he had offered the lowest quotation, he has not been awarded the contract and another person i. e. , the 3rd respondent, who had given a higher quotation, was awarded with the contract, that the action of the 2nd respondent entrusting the distributorship of mobile service in favour of the 3rd respondent is arbitrary and in violation of the tender conditions has sought for relief in this petition. It is urged that the order awarding the contract in favour of the 3rd respondent requires to be quashed and further that the 2nd respondent be directed to consider the offer of the petitioner to entrust the distributorship of mobile services in Uttara Kannada District in its favour and for incidental reliefs.