P.C. THOMAS & CO. REPRESENTED BY ITS PARTNER SRI. PAUL THOMAS, Vs. STATE OF KERALA REPRESENTED BY ITS ADDITIONA CHIEF SECRETARY, PUBLIC WORKS DEPARTMENT

JUDGEMENT

(1.) Prayers in this writ petition are as follows:-

(2.) Petitioner had preferred Exhibit P2 application in response to Exhibit P1 notice inviting prospective bidders for the construction of Multipurpose Hospital Block for District Hospital, Mananthavady. Going by the terms set out in Exhibit P1, the probable amount of contract was Rs. 33,68,92,942/-. Bids were invited from registered bidders of PWD who have successfully completed at least one similar work costing more than 40% of the estimate probable amount of contract of the work during the last five years. It is submitted that though the petitioner satisfied the condition set out in Exhibit P1, his technical bid was rejected by Exhibit P3 stating the reason "rejection as per order of CE". The petitioner preferred Exhibit P4 representation before the Chief Engineer, PWD Buildings pointing out that he had all the necessary pre-qualifications and the rejection was therefore invalid. The petitioner contends that his bid has been rejected at the initial stage itself only to favour the contesting respondents who were unqualified going by the conditions in the tender document.

(3.) A counter affidavit has been filed on behalf of the 2nd and 3rd respondents. It is contended that nine contractors had responded to Exhibit P1 and the technical bid was opened on 14.10.2016. It is stated that the 6th and 7th respondents and the 10th and 11th respondents had participated in the tender as Joint Ventures. It is submitted that the Committee of Chief Engineers, after detailed evaluation and scrutiny of documents of the petitioner rejected his bid on the following reasons:-