KSCC LTD. Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) The Government of Kerala invited a tender for the work, namely, the "Dam Rehabilitation And Improvement Project (DRIP) -Rehabilitation and basic facilities of Kallada Irrigation Project". This work is proposed to be executed based on a loan advanced from the International Bank for Reconstruction and Development (for short, the "IBRD")/a credit from the International Development Association (IDA).

(2.) The issue in this writ petition is regarding disqualification of the petitioner in the bid.

(3.) The petitioner is a Joint Venture formed between the Kerala State Construction Corporation Ltd. and M/s. Valiyavilayil Construction Company. Ext. P1 is the Joint Venture. Admittedly, none of the constituents possess pre-qualification experience for the work. It is the petitioner's case that one of the parties to the Joint Venture, namely, the Kerala Construction Corporation Ltd., which is a Government Company, is exempted from applying for pre-qualification and is declared as pre-qualified for the works tendered by the State Government Departments (Except National Highway works and Central Government sponsored works requiring scrutiny and approval of Government of India) State Government undertakings and local bodies in case where the pre-qualification is adopted for the execution of works. The petitioner relies on Ext. P2 in support of the above contention. Therefore, the petitioner challenges disqualification on the ground that the petitioner does not have the need to fulfil the pre-qualification criteria of experience.