VIMAL NEGI Vs. UNION OF INDIA

JUDGEMENT

(1.) We have heard learned counsels and proceed to dispose of this writ petition.

(2.) The petitioner has preferred the present writ petition to assail the order dtd. 24/9/2023, whereby the respondents have declared the petitioner's bid to be technically disqualified. The petitioner had participated in the bids invited by the respondents for construction of "T04- Khaludanda to Bhaoun to Apolosera MR & MRL 11- Listiyakhet to Khaludanda MR under Package Nos.UT08553 & UT08554".

(3.) The case of the petitioner is that the petitioner is registered as a Micro & Small Enterprise (for short 'MSE'). The petitioner is, therefore, exempted under Government Orders from compliance with, either the past experience requirement, or the turnover criteria fixed under the tenders issued by the Government. The case of the petitioner is that, despite that being the position, the petitioner's bid has been rejected, inter alia, on the ground that the petitioner did not meet, either the turnover criteria, or the past experience criteria, stipulated in Clauses 4.4A(a)(ii) and 4.4A(b) of the Standing Bidding Documents (for short 'SBD'). The reasons given by the respondents for rejection of the petitioner's bid are the following:-