TIWARI CONSTRUCTION Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) Invoking the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner herein namely M/s. Tiwari Construction, a partnership firm registered under the provisions of the Indian Partnership Act, 1932 and a registered Class-A contractor having its registration No.162/2013-14, has filed above-stated three writ petitions questioning legality, propriety and validity of order Annexure P-1 by which the technical bid of the petitioner in each of the writ petitions has been rejected finding that the petitioner has failed to upload the certificate of registration for sales tax or VAT and up-to date acknowledgement as required by the terms and conditions of the notice inviting tender.

(2.) In order to judge the correctness of the plea raised at the Bar, it would be appropriate to notice following facts:

(3.) Feeling aggrieved against the said order by which the petitioner's technical bid(s) has been rejected, the instant petitions have been filed challenging the impugned order as unsustainable and bad in law stating inter alia that the petitioner has substantially complied with the said requirement of uploading the tax clearance certificate in lieu of the certificate of registration for sales tax or VAT.