MEP IDEAL TOLL CONSORTIUM Vs. MCD

JUDGEMENT

(1.) By way of this writ petition, the Petitioner has sought a writ of Certiorari or any other writ, order or direction calling for the records of the instant tender matter from the Respondents and for setting aside the decision of the Respondent No. 1 conveyed to the Petitioner by a letter dated 23.04.2011 whereby the Technical Evaluation Committee of the Respondent No. 1 has declared the Petitioner No. 1 consortium as having failed in the technical evaluation. A writ of Mandamus has also been sought directing the Respondents to consider the Financial Bid submitted by the Petitioner in relation to the Request For Proposal Document dated 01.03.2001 calling for bids for "Engagement of the Contractor" by the MCD for Toll Collection at border points from specified commercial vehicles entering Delhi.

(2.) The impugned letter dated 23.04.2011 reads as under:

(3.) It is apparent that the reason for disqualification has been briefly stated to be due to the applicability of Clauses 1.5(a) and 1.5(b) of Section 2-B of Volume-I of the RFP document which pertains to "Conflict of Interest". Of course, another reason for disqualification has also been mentioned and that is the opinion of the Solicitor General on the subject.