LAWS(KAR)-2016-7-218

GEETHA ELECTRICAL STORES Vs. STATE OF KARNATAKA

Decided On July 27, 2016
GEETHA ELECTRICAL STORES; ARYA ELECTRICAL Appellant
V/S
STATE OF KARNATAKA; SUPERINTENDENT ENGINEER P W D; EXECUTIVE ENGINEER (ELE ) P W D ELECTRICAL DIVISION; SUPERINTENDENT ENGINEER P W D , BUILDING CIRCLE; G C RANGANNA; B NANJEGOWDA Respondents

JUDGEMENT

(1.) The petitioner in W.P.Nos.60378-80/2014 is assailing the impugned directions/letter dated 10.11.2014 and in that light, the letter dated 04.12.2014 which had been addressed. In that regard, the petitioner claims to be aggrieved by the change in the condition made to the tender document floated for supply of Erection, Testing and Commissioning of two numbers of 13 passenger lift and one number of 5 passenger lift to the JMFC building at Holalkere and Challakere, Chitradurga District.

(2.) The petitioner in W.P.Nos.60381-82/2014 though has not participated in the tender process is before this Court contending that the change presently made if had been originally incorporated, the petitioner herein also would have been eligible to participate in the tender process and as such is seeking an opportunity to participate.

(3.) The petitioners and respondents No. 5 and 6 are Class-I, Electrical Contractors registered with the Karnataka Public Works Department. The Tender Procurement Authority through e-procurement portal had called for submission of the tender documents for supply of passenger lifts to the Court building at Holalkere and Challakere. The petitioners as well as respondents No. 5 and 6 who had submitted their tender documents were considered for the purpose of evaluation. In the technical evaluation, the Committee has indicated that the petitioners have satisfied all the conditions. While insofar as consideration of respondents No. 5 and 6 with regard to Condition No.3.2 (c) which was considered along with Condition No. 3.2 (b), the Committee has recommended that they also "may be considered" and thereafter the financial bids have been opened.