SURESH SINGH PANWAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The respondent no. 2 invited the e-tenders vide its notice and terms and conditions dtd. 18/12/2017, whereby they invited the applications from the probable contractors for participation in the e-tendering process for lifting of RBM from the areas as specified in the tender document itself. It was specifically provided that the tendering and ultimately execution of the contract would be governed by the provisions contained under the Uttarakhand Mines and Mineral Amended Rules 2017. Apart from various stages of tendering for the collection of the RBM in question the tender document itself provided that on culmination of the final tendering and on the determination of a successful bidder, they would be declared as H1, H2, H3, H4 categories and henceforth.

(2.) In accordance to the terms of the tendering document it further provided under its sub-clause (3) of clause 9, that on the declaration of the bidders as H1, H2, H3 and H4, first an offer would be extended to H1 and in an event of his failure to respond to the offer extended within the specified time then, the same would be granted to the next successful bidder, i.e. H2, and this process would be carried out henceforth till ultimately the contract is finalized in favour of the bidder thus classified.

(3.) The argument of the learned counsel for the petitioner is that under the tendering process the petitioner happens to be one of the applicants in pursuance to the tender notice dtd. 8/12/2017 and had participated in the draw of lots for the work contained in serial no. 3, Uttarkashi, Village Badkot. On the culmination of the tendering process according to him he was determined as to be a successful bidder and he was placed at H4, as would be apparent from the office memorandum No. dtd. 17/4/2018.