AJAY KUMAR Vs. NORTHERN RAILWAY

JUDGEMENT

(1.) IN this writ petition, the petitioner has inter alia sought the following reliefs: -

(2.) BY virtue of the Notice Inviting Tender (Case 232 -Elect/EMU/WC - 27/12 -13), tenders were invited for the fabrication, supply and fitment (Provision) of stainless steel items in 02 EMU Rakes consisting of 24 coaches. The last date of collecting the documents was 24.10.2013. The last date of submission of the bids was 25.10.2013 upto 12.00 hours and the tender opening date was 25.10.2013 itself at 12.15 hours. The approximate value of the work as estimated in the NIT was Rs. 1,85,41,796/ -. It is not in dispute that the petitioner submitted its bid as per the schedule and the bids were opened on 25.10.2013 at 12.15 hours. The plea taken by the learned counsel for the petitioner is that when the bids were opened the petitioner's bid was the lowest yet the work was not awarded to the petitioner.

(3.) IT was pointed out by the learned counsel for the respondent that the certificate submitted by the petitioner indicating the petitioner's purported eligibility did not fulfil the criteria mentioned in the above clauses. Specifically, it was pointed out that the certificate, a copy of which is at page 46 of the paper book related only to provision of stainless steel railing on Foot Over Brides, stainless steel benches on platforms and stainless steel cladding on columns of Main Concourse Hall and Ceremonial Hall at the New Delhi Station. This kind of work, according to the learned counsel for the respondent, did not fall within the eligibility criteria set out in the above mentioned clauses.