S.R. UDAYASHANKAR Vs. COMMISSIONER, THE EXECUTIVE ENGINEER INFRASTRUCTURE DIVISION-II, EXECUTIVE ENGINEER

JUDGEMENT

(1.) LEARNED counsel for the petitioner seeks leave of this Court to dispense with the notice to respondent No. 4. Leave granted. Notice to respondent No. 4 is dispensed. The petitioner is before this Court seeking for issue of writ of mandamus to direct respondents No. 2 and 3 to forbear from insisting on the pre -qualifying criterion contained in Clause 3.2 (a) for achievement of minimum financial turnover in each two financial years in a block period of five financial years for consideration of the tender submitted by the petitioner. The petitioner is also seeking for evaluation of the tender submitted by him and for a direction to respondents No. 2 and 3 to adhere to the standard qualifying criterion of the requirement for the minimum financial turnover.

(2.) THE petitioner has responded to the tender floated by the respondents for execution of work of improvements of the outer ring road between Nayandahalli Junction to Goraguntapalya junction. The bid submitted by the petitioner has been rejected during technical evaluation as he does not satisfy the requirement with regard to the financial turnover. The grievance of the petitioner is that though the standard requirement is for achieving the financial turnover was for atleast two years, the respondents have modified the same to provide that it is for each of the two financial years. It is the contention of the petitioner that in view of such pre -qualification, the attempt of the respondents is to eliminate the competition and to favour certain of the tenderers to whom the respondents are favoured.