ROSMERTA SOLUTIONS PRIVATE LIMITED Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has approached this Court seeking the following reliefs:

(2.) Heard the learned Senior Counsel appearing for the petitioner and the learned Government Pleader appearing for respondents 1 and 2 as well as the learned counsel appearing for respondents 3 and 4.

(3.) The learned Senior Counsel appearing for the petitioner would contend that the action taken by respondents 1 and 2 to cancel the award of work to the consortium consisting of the petitioner and respondents 3 and 4 and to conduct a re-tender was completely unsustainable in view of Exhibits P9 and P14 judgments. The essential factual aspects required for a consideration of the issue are as follows: Exhibit P1 notice dated 27.4.2005 inviting tender had been issued for the implementation of Smart Optical Card based Registration Certificate Management System for issuing Certificates of Registration in Smart Optical Cards and Driving Licence Management System for issuing Driving Licences in Smart Cards. Exhibit P3 tender was submitted by the petitioner in consortium with respondents 3 and 4. By Exhibit P4 dated 20.1.2006, the tender was accepted and sanction was accorded for implementation. Though Exhibit P5 draft agreement was forwarded to the consortium, by Exhibit P6 order dated 19.2.2007, the Government decided to cancel the award of work. W.P. (c) 8749 of 2007 was filed by the petitioner challenging the cancellation of the award and by Exhibit P7 Judgment dated 26.03.2007, the order was quashed. However, the Government was given liberty to reconsider the issue and take a decision after hearing the petitioner and the ITI Limited. Thereafter, Exhibit P8 order dated 07.09.2007 was issued canceling award of work and directing a retender. The said order was again challenged before this Court and Exhibit P9 detailed judgment dated 22.11.2011 was issued. The operative portion of the judgment reads as follows: