SANDEEP RAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) By filing this writ petition under article 226/227 of the Constitution of India, the writ petitioners seek quashing of NIT (Notice Inviting Tender) dated 20.4.2012 (Annexure - P/1) issued by respondent NO. 2( Municipal Corporation, Bilaspur).

(3.) The notice inviting tender is for the "work of cleaning various wards of Bilaspur town". According to the writ petitioners, since the notice inviting tender does not prescribe any experience clause in the field for which the tenders are invited and hence the NIT without providing such clause is bad in law. In other words, the contention is that it is necessary in every tender including the tender of the nature in question to provide "experience clause" to judge the capacity of the tenderer in the work for which the tenders are invited and since in this case, the NIT does not provide for such clause and hence, it is bad in law and can not be given effect to. It is therefore, prayed that such NIT be therefore, either quashed by issuance of writ of certiorari or respondent No. 2 be directed by issuance of mandamus to insert the clause relating to experience of the tenderer in the work in question for which the tenders are invited so that the writ petitioners who claim to be eligible would be able to submit their tender.