THERUVATH BUILDERS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, a Contractor Firm holding A Class registration with the State PWD, seeks to declare that the rejection of the technical bid of the petitioner for the work KIIFB PROJECT 17-18 - Improvements to Pathanapuram- Eanath Road, is illegal and the tender is liable to be accepted and considered along with other tenders.

(2.) The petitioner states that the petitioner has undertook several works of construction and maintenance of National Highways, State Highways and other major roads and public buildings, during the past 35 years. Respondents 1 and 2 invited bids for the work of KIIFB PROJECT 17-18 - Improvements to Pathanapuram-Eanath Road. The petitioner submitted their bid. The rate offered by the petitioner was lesser by ?80.56 lakhs than the declared L1 bid. The petitioner could not get the work due to the wrong rejection of the technical bid made by the petitioner.

(3.) There were seven participants in the tender and the bids of five tenderes were rejected and only two bids were accepted. The financial bid of the 5 th respondent was also recorded as rejected. However, in the financial evaluation bid list, besides the two flawless tenderes, the bid of the 5th respondent was recorded as accepted and ranked at L3.