GOKULDAS BHANDARKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner -company is assailing the disqualification of their bid by the fifth respondent. The petitioner in that regard is seeking for consideration of the financial bid offered by them.

(2.) THE brief facts leading to this petition are that the official respondents have floated the tender for providing rigid pavement on Shiradi ghat of NH -48, Bangalore -Mangalore Section between 237.00 and 250.620 Kms. It was announced on 07.01.2014 and the tender was scheduled to close on 17.01.2014. In all, four tenderers including the petitioner, seventh and eighth respondents had offered their bid in response to the same. On evaluation of the technical bid, the petitioner and another bidder are stated to have not qualified, while the seventh and eighth respondents are held to be technically qualified. They were accordingly considered for evaluating their financial bid. The petitioner therefore claiming to be aggrieved is before this Court.

(3.) THE basic contention is that the decision to disqualify the petitioner on the ground that they have not completed one work to the value of Rs. 1718.00 lakhs is not justified. It is contended that though the work was done under five different contracts, it relates to one work at a single stretch. The contention is also that prior work which was required to be completed is in respect of Highway/Airport runway and such work has not been undertaken by the seventh and eighth respondents. The allegation of the petitioner is that in order to favour them, the completion of work relating to aqueduct was also incorporated in the standard bid document and uploaded, though tender document which is an independent one does not provide for the same. That too, it has been done without the approval of the Ministry of Surface Transport. Hence, it is contended that their bid could not have been held as technically qualified. The official respondents and the seventh respondent have filed their objection statement disputing the contention of the petitioner and justifying the action of the respondents.