K.V.ANILKUMAR Vs. SOUTHERN RAILWAY

JUDGEMENT

(1.) The third respondent has invited tenders for execution of a civil work for the Railways. Ext.P1 was the invitation made in this connection. As per Ext.P1 invitation, only tenderers who satisfy the eligibility criteria specified therein are entitled to participate in the tender process. One of the eligibility criteria made mention of in Ext.P1 reads thus:

(2.) Heard the learned counsel for the petitioner as also the learned Standing Counsel for the railways.

(3.) The learned counsel for the petitioner submitted that the work referred to in Ext.P2 certificate is a work involving earth work in forming railway embankments to the tune of 2,72,925 cubic meters. It was pointed out by the counsel that though Ext.P2 certificate does not reflect the said fact, the work being one executed by the petitioner for the railways, the details of the same were very much available with the railways and the rejection of the technical bid of the petitioner, in the circumstances, was wholly arbitrary. The petitioner has produced the final bill of the work referred to in Ext.P2 in the writ petition to demonstrate the said fact.