3R TECHNOLOGIES Vs. U O I

JUDGEMENT

(1.) With the consent of the parties, the writ petition is set down for final hearing and disposal. The petitioner is a manufacturer and service provider under the Micro, Small and Medium Enterprises (MSME) category in the field of waste treatment and disposal. An e-tender was invited by the respondent on 24.5.2018 with respect to operation and maintenance of sewage treatment plants at CHTP, SLTP, GTNI, AJG, HCC metro stations, effluent treatment plant at Sultanpur depot and water treatment plant at Sultanpur depot and Gurgaon staff quarters. Approximate cost of the work was Rs.174.53 lacs. The petitioner submitted its bid on 11.5.2018, which was rejected on 24.5.2018.

(2.) The first submission of learned counsel for the petitioner is that the communication dated 24.5.2018 informing the petitioner with regard to rejection of the bid is devoid of any reason. The second submission of learned counsel for the petitioner is that since the petitioner falls in the MSME category, the petitioner is entitled to various reliefs/concessions and thus the bid of the petitioner could not have been rejected.

(3.) Learned counsel for the respondent submits that the petitioner is well aware about the reasons of rejection, which is that the petitioner did not comply with the minimum eligibility criteria, more particularly the work experience and financial standing. Reliance is placed on Clause 1.2.2, the relevant portion of which is reproduced herein below:-