YUVRAJ SINGH BABRA PROPRIETOR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The illegality committed by the respondents herein in wrongly rejecting the technical bid of the petitioner and denying entry to participate in the tender proceedings with reference to the price bid submitted by him is subjected to challenge in this writ petition.

(2.) The sequence of events is as follows: Respondent No. 4 issued a tender notification (Annexure P-2) inviting bids in respect of integrated e- Procurement System from qualified persons who were desirous to participate in the proceedings. According to the petitioner, he was satisfying all the requirements who submitted technical bid and also price bid separately, as prescribed. But the technical bid came to be rejected on 27/02/2019, which made the petitioner to file representation/appeal before the Chief Engineer (PHE) projecting his grievance with reference to his credentials. The matter was considered by the Chief Engineer, who issued a letter dated 25-03-2019 (Annexure P-5) and addressed to the Superintending Engineer, to the effect that the petitioner was satisfying all the requirements and was to be declared as eligible to participate in the bid and to have his price bid considered accordingly.

(3.) Based on Annexure P-5 letter/order of the Chief Engineer, the Respondent No. 4/Executive Engineer addressed the 5th respondent/Chief Executive Officer, as per letter dated 28-03-2019 (Annexure P-6) to roll back the process, so as to treat the petitioner as technically qualified and to have his price bid considered. This was replied by Annexure P-7, issued by the 5 th respondent, stating that by virtue of the standing instructions and norms connected with tender, "such a 'roll back' was not permissible, unless it was specifically ordered by a Court of law". This made the petitioner to approach this Court with the following prayers-