BINU AND COMPANY Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE petitioner aspires to take part in the tender proceedings pursuant to Ext.P3 tender notice issued by the Kerala State Electricity Board. But he has not been favoured with a tender form to submit his tender, is his complaint. According to him, although he is not a manufacturer of the machines, for which tender notice has been issued, to avoid the petitioner from the tender proceedings, a clause has been inserted in the tender notice restricting issue of tender forms only to licensed manufacturers of the machines. In order to prove the same, the petitioner has produced Ext.P2 letter addressed to the Deputy Chief Engineer another zone of the KSE Board, pursuant to which the petitioner has been given tender forms in respect of another zone. According to the petitioner, Ext.P3 tender notice issued, one day after Ext.P2, incorporating a clause that the tender forms shall be issued only to licensed manufacturer of the machines is malafide and therefore, the petitioner should be allowed to participate in the tender. THE petitioner therefore seeks the following reliefs:

(2.) THE learned Standing Counsel for the Kerala State Electricity Board would contend that in so far as in Ext.P3 tender notice it is specifically stated that the tender forms shall be issued only licensed manufacturers of machines for purchase of which tenders are invited, and having service centre in Kerala, which qualification the petitioner does not have, the petitioner cannot seek tender forms,especially since the petitioner has not challenged that stipulation.