M/S VEDANT CONSTRUCTION Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Non-Consideration of the price bid of the Petitioner, despite being qualified in all respects in respect of the technical bid, which unfortunately came to the rejected for non-uploading of the partnership deed in the etender, made the Petitioner to approach this Court seeking for the following prayers :

(2.) Heard Shri Rajkamal Singh, the learned counsel appearing for the Petitioner, Shri Vikram Sharma, the learned Deputy Government Advocate representing the State and Shri Rohit Sharma, the learned counsel appearing for the 4th Respondent.

(3.) The sequence of events reveals that Annexure P/1 'NIT' (notification inviting tender) was issued by the 3rd Respondent for construction of a canal with the specifications as given therein. The Petitioner is a registered Class 'A' Contractor; who participated in the bid, submitting the technical bid and the price bid separately. It is stated that copy of all the relevant documents were also uploaded/ furnished as required by the 3rd Respondent, despite which his price bid was not considered. Later, on enquiry, the Petitioner came to understand that the technical bid submitted by the Petitioner was rejected for non- uploading a copy of the partnership deed; whereas despite the non-satisfaction of many of the mandatory requirements in uploading/furnishing copies of the relevant documents including the Pre Bid Qualification Certificate (complete) and as to the 'Litigation details', the price bid given by the 4th Respondent (which according to the Petitioner is 22% above the quote given by the Petitioner) came to be accepted by the 3rd Respondent and the work was awarded to the 4th Respondent. The instance of 'double standard' pursued by the 3rd Respondent in awarding the contract to the 4th Respondent displaying total arbitrariness and discrimination is put to challenge in this writ petition.