RELIANCE SECURITY AGENCY Vs. STATE OF KERALA, REP. BY ITS SECRETARY LABOUR DEPARTMENT GOVERNMENT SECRETARIAT

JUDGEMENT

(1.) BY Ext.P1 tender notice dated 25.1.2011, the Medical Superintendent of the Model and Super Speciality Hospital run by the Employees State Insurance Corporation of Kollam, invited sealed tenders from reputed and experienced parties or firms for supplying man power for house keeping for the year 2011-2012. The last date stipulated for the submission of tenders was 24.2.2011. Pursuant to Ext.P1 tender notice, the petitioner, the fifth respondent and others submitted tenders. The tenders submitted by the petitioner, the fifth respondent and others were opened on 24.2.2011. It is stated that when the tenders were opened it was found that the fifth respondent had submitted two tenders and therefore, he was disqualified and being the lowest tenderer, the petitioner was entitled to be awarded the work. The petitioner thereupon submitted Ext.P3 representation to the Medical Superintendent requesting him to award the work to him. The writ petition proceeds to state that with a view to help the fifth respondent, instead of disqualifying the fifth respondent, the entire process was cancelled. In this writ petition the petitioner challenges the cancellation of Ext.P1 tender and seeks a writ in the nature of mandamus commanding respondents 2 to 4 to proceed with Ext.P1 and to award the work to the petitioner, if he is otherwise qualified.

(2.) A counter affidavit dated 18.7.2011 has been filed on behalf of respondents 2 to 4. In paragraph 6 it is stated that after the tenders were opened and examined, the Purchase Committee recommended re-tender, as the Committee was not in a position to compare the rates quoted by tenderers and to arrive at the best offer in view of the fact that payment of minimum wages was involved. It is stated that the Purchase Committee accordingly recommended rejection of all the six tenders received pursuant to Ext.P1 and re- tender of the work.