ACER INDIA PRIVATE LIMITED Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Invoking jurisdiction of this Court under Article 226 of the Constitution of India and impugning legality, validity and correctness of memo dated 10 -3 -2016 (Annexure P -1) issued by respondent No.1 whereby tech -commercial bid of the petitioner has been rejected assigning reasons, the petitioner herein, a company incorporated and registered under the provisions of the Indian Companies Act, 1956, has filed this writ petition. The petitioner herein also seeks to challenge memo dated 8 -4 -2016 (Annexure P -2) whereby the State Government has rejected the representation of the petitioner made pursuant to Annexure P -1 and the petitioner consequently seeks quashment of order Annexure P -11 whereby respondent No.1 has signed Rate Contract with respondent No.3 and issued purchase order dated 26 -5 -2016 directing supply of 16,819 quantity of Laptops Model No.HP 245 G4 and the net value of supply is 29,41,64,310.00 (Rupees twenty nine crores forty one lakhs sixty four thousand three hundred and ten only). Facts leading to petition

(2.) Shorn of all paraphernalia, essential facts requisite to adjudicate the legal dispute brought before us in nutshell are as under: -

(3.) The disqualification and rejection is on the ground for which there was no specific clarification and hence there has been violation of the principles of natural justice apart from deviation from the stipulated process of tendering. The action of respondent No.2 in rejecting the petitioner's tech -commercial bid is discriminatory and is violative of Article 14 of the Constitution of India, and rejection of bid of the petitioner on the ground of non -submission of BIS certificate, two DIMM is not sustainable as it is not part of the tender conditions and factually non -existent and thus, the petitioner has sought quashment of Annexures P -1, P -2 and P -11.