MARYMATHA CONSTRUCTION COMPANY Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to quash Ext.P6 minutes of the Pre-Qualification (PQ) Committee of Chief Engineers held on 22.06.2017 at Thiruvananthapuram, so far as the contract in question is concerned, whereby the petitioner is disqualified in the technical bid, and thereby refusing to participate in the commercial bid to the contract in question. Material facts for the disposal of the writ petition are as follows:

(2.) Petitioner, a works contractor, in response to Ext.P1 Notice Inviting Tender (NIT) , submitted its bid for the work NABARD RIDF x xI - Construction of Salt Water Exclusion Regulator cum Bridge across Kariangodu River at Palayi Valavu in Kasaragod District. According to the petitioner, petitioner submitted all necessary documents as stipulated in Ext.P1 and accompanying tender conditions. However, the bid submitted by the petitioner was rejected by the tender committee at the instance of the 4th respondent as per Ext.P6, overreaching the tender conditions contained under Ext.P1, on the ground that a VACB enquiry is pending against the petitioner. According to the petitioner, after registration of Ext.P8 FIR, petitioner was awarded four works by the very same Department. Rejection of the petitioner's tender at the pre-qualification stage is an outcome of manipulation which is evident from the fact that even as per Ext.P4 and other works awarded by the 1st respondent, VACB case was never a criterion to disqualify. These are the background facts projected by the petitioner in order to secure the reliefs sought for in the writ petition.

(3.) A detailed counter affidavit is filed for and on behalf of the 2nd respondent, refuting the allegations and claims and demands raised by the petitioner. Among other contentions, it is stated that, the PQ bid was opened on 24.04.2017. Six bidders submitted PQ bids/Financial bids, including the petitioner. It is further submitted that, as per the tender conditions, all bidders have to successfully complete at least one work costing more than 50% of the estimate PAC within the last five years. The bidders have to furnish experience certificate in this regard, which has to be confirmed by the concerned agreement authority in the prescribed Proforma. In the case of the petitioner, in the confirmation of the experience certificate furnished, it has been mentioned that the VACB had registered a case against the petitioner bearing No.VC8/2016/EKM.