JOHNSENT T. Vs. KERALA AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) The petitioner, a civil contractor, had participated in the tender conducted by the 1st respondent University, in pursuance of Exhibit P1 Notice Inviting e-Tender dated 26.10.2019. The work notified for tender was the balance construction work of the P.G Hostel for ladies at the College of Agriculture, Vellayani. Petitioner and three others participated in the tender. After evaluation, the bid submitted by the petitioner was found to be acceptable, since the petitioner alone had the requisite qualification. The bid submitted by the 4th respondent was rejected for the reason that he did not produce certificate to prove experience of having executed similar structure works of not less than Rs.75 lakhs within the last five years. In spite of the petitioner being the sole qualified bidder, the Works Committee of the University decided to re-tender the work. Accordingly, Exhibit P3 dated 3.1.2020 was issued, with similar conditions and specifications as in Exhibit P1. The petitioner and the 4th respondent again submitted their bids and the bid submitted by the 4th respondent was accepted, as evidenced by Ext.P7. The writ petition was thereupon filed challenging the award of contract to the 4th respondent, mainly on the ground that the 4th respondent did not have the requisite experience of having executed similar framed structure works of not less than Rs.75 lakhs within the last five years. The prayers in the writ petition are to quash Exhibit P7, to the extent of accepting the bid of the 4th respondent and to direct respondents 1 to 3 to award the work notified under Exhibit P3 to the petitioner. While admitting the writ petition on 14.1.2020, this Court issued an interim order, making the further proceedings subject to the result of the writ petition.

(2.) In their counter affidavit, respondents 1 to 3 have stated that only the petitioner and the 4th respondent submitted bids pursuant to Exhibit P3. The bids were opened on 20.1.2020 and the tender of the 4th respondent was accepted, he being the lowest bidder having the requisite experience. Though, selection notice was issued on 21.1.2020, the 4th respondent informed the University that he was not in a position to take up the work due to financial difficulties. Thereupon, the petitioner, the sole remaining bidder, was asked about his willingness to execute the work at the accepted rate of the default bidder. The petitioner expressed willingness to execute the work at 1% below estimate rate and a decision was taken by the University to re-tender the work again. Accordingly, Exhibit P13 notice dated 19.3.2020 has been issued. Item No.11 in Exhibit P13 is the work originally notified under Exhibits P1 and P3.

(3.) Heard Sri.Babu Joseph Kuruvathazha, learned counsel for the petitioner and Ms.Surya Benoy representing Sri.Robson Paul, the learned Standing Counsel for the respondents.