TEJENDER KUMAR DUA Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition was dismissed by order dated 5.4.2002 for non-prosecution. Petitioner thereafter filed C.M.4975/2002 for its restoration. While this application was being considered, both parties agreed for disposal of this petition on merits.

(2.) Petitioner a Class-1 contractor was registered with CPWD in 1991. His enlistment was revalidated from time to time and last such revalidation ended on 5.6.2000. He sought its extension but respondents refused to grant it on the ground that he had failed to obtain requisite marks in terms of procedure provided for such revalidation under Office Memorandum (in short 'O.M.') dated 27.6.1995. Peeling aggrieved he has filed this petition on the ground that respondent had wrongly assessed his performance and declined revalidation of enlistment.

(3.) The procedure for revalidation of enlistment has been broadly mentioned in O.M. dated 27.6.1995. Under the aforesaid O.M., a contractor is required to submit along with his application a list of all the works executed/completed or in progress which for Class-I contractor is Rs.60 lakhs during the last five years in CPWD. He is required to secure and execute at least one work in the last five years in CPWD. The overall grading of the contractor is based on the average of marks fov all the completed works and if he secures 35 or more marks out of 100 in the overall grading, he will be entitled for revalidation of enlistment for a period of five years from the date of issue. Under the aforesaid O.M. for revalidation, the petitioner was required to secure 35 marks out of 100. which provides that there will be separate evaluation sheet for each completed work indicated by the contractor.