UPALGHOSH ASSOCIATES A PARTNERSHIP FIRM Vs. SECRETARY DEPARTMENT OF HIGHER EDUCATION MINISTRY OF HUMAN RESOURCE DEVELOPMENT

JUDGEMENT

(1.) Writ application has been filed by the Petitioner when the Respondent authorities, primarily the IIT of Bhilai, decided to oust the Petitioner from award of contract for development of the Campus of IIT for which expression of interest was invited. It is pleaded in the writ application that overall they were placed the best in terms of their offer when the composite score was calculated, however, still for some extraneous reason they came to be ousted and work has been awarded to Aadharshila Designs Pvt. Ltd (Respondent No.4)

(2.) When the matter was earlier heard, the Assistant Solicitor General was directed to seek instruction and file his return as to why such a decision has been taken contrary to the interest of the Petitioner which, prima facie seemed to be irrational. The return has been filed now and the return also contains supporting evidence and the circumstances under which the Respondent authorities were compelled to take a decision keeping in mind the fairness of the decision making in award of contract.

(3.) The following statements have been made in the return which gives the reason for the decision taken by the authorities with due approval of the Board of Governors. The relevant paragraphs are reproduced herein below :