SIDCUL SOLUTIONS NETWORK Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By the present writ petition, the petitioner is seeking the following reliefs:-

(2.) The facts of the case are that the a tender was floated by the Nagar Palika Parishad, Kichha on 14/8/2023, whereby bids were invited from the prospective bidders for the work of cleaning, sanitation and disinfection services, collection, transportation and segregation of garbage. The last date for submission of the bid document was 24/8/2023. The case of the petitioner is that he wanted to participate in the tender process, however, after examining the bid documents, he found that there is Clause 74 in the Bid Document, which requires submission of "SLBR Certificate". However, there is no description of this Certificate, and further no such Certificate is issued by the State Authorities, and it appears that the said condition was imposed only to facilitate the award of the tender to a particular bidder. The relief, as sought in respect of Clause 74(vii), (viii) (xiii), & (xviii) of the Bid Document is on the ground that the condition, as stipulated in this Clause, has no relevancy in connection with the contract work.

(3.) It is the submission of the learned counsel for the petitioner that the petitioner is a partnership firm carrying-on business in the name and style of "M/S SIDCUL SOLUTION NETWORK", and the partnership deed was originally signed on 1/6/2011, and the partnership was reconstituted from time to time by amending the partnership deed, and the same was lastly amended on 25/3/2020. The petitioner firm is engaged in the business of supply of all types of materials and equipment, including food items and prepared foods, outdoor catering, solid waste management, door-to-door garbage collection and recycling, sanitation and cleaning work, etc. The petitioner firm is also registered with the Government of India as well as with the Labour Department of the State.