SUNIL KUMAR AGRAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The Petitioner has approached this Court by filing writ petition challenging stipulation made by the Respondents in the qualification criteria, in which, it is stipulated that to qualify for award of the contract, each prime contractor in the same name and style (tenderer) in its name must have in the last five years experience as provided in Clause 1(b)(i), 1(b)(ii) & 1(b)(iii).

(2.) Facts of the case in nutshell are that Respondent No.2 had issued Notice Inviting Tender ('NIT', in short) No.051/TC/19- 20, System Tender No.53088 dated 15.07.2019 for the work of construction of Gunderdehi bypass (Khallari to Madiyapar) Road (Length 5.35) k.m. i/c Culverts at District Balod". Clause 1 of qualification criteria in NIT dated 15.07.2019 reads as under :-

(3.) After floating of NIT by the Respondents, Petitioner had approached this Court challenging Clause 1 of the experience criteria on the ground that Petitioner is a sole proprietorship under the name and style of M/s. Sunil Kumar Agrawal and is a contractor registered with the Public Works Department ('PWD', in short) involved in the contract of building and construction business. The Petitioner is a Joint Venture Unit having entered into joint venture agreement with one M/s. ECI Engineering and Construction Company Limited, in which, Petitioner is a lead member having 51% share in the profit and the risk sharing ratio. As the Petitioner does not have the qualification as provided in Clause 1(b)(i), 1(b)(ii) and 1(b)(iii) in the name and style of the prime contractor, he found himself to be ineligible and thereafter filed this petition with following relief(s):-