ASHOK KUMAR AGRAWAL Vs. STATE OF CHHATTISGARH,

JUDGEMENT

(1.) The Petitioner was inter-alia a bidder under Tender Notice No. 1288, dtd. 14/8/2015 published by the Respondents inviting offers of providing, laying, jointing of UPVC Pipes under a Water Supply and Sanitation Scheme. The process was through e-Tender. Respondent No.4 was declared qualified and awarded the works. The Petitioner amongst other bidders was communicated rejection on 4/11/2015.

(2.) Learned Counsel for the Petitioner submitted that though he was declared ineligible no reasons were specified. The grounds of ineligibility were required to be mentioned in the order itself and cannot be permitted to be explained in the counter-affidavit.

(3.) Respondent No.3, the concerned Executive Engineer, impleaded by name, had been transferred from Ambikapur to Raipur on 15/10/2015. None the less he proceeded in haste to declare Respondent No.4 as eligible which itself is evidence of malafides. The Notice Inviting Tender (NIT) did not mention anywhere specifically that the bidder was required to state that he would deploy a Graduate Engineer only. The NIT used the word Graduate Engineer/Diploma Holder. The Petitioner had complied with the requirements for deploying a Diploma Engineer. The Respondents cannot rely on any standard agreement form to contend that in award of works over 5 Lacs it was mandatory to furnish details of a Graduate Engineer only for deployment. If the Petitioner, at the time of execution of the agreement failed to assure deployment of a Graduate Engineer, issues would have been different.