RELCON INFRA PROJECTS LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) WE have heard Mr. Nirav C. Thakkar, learned counsel for the petitioner, Mr. Nirag N. Pathak, learned Assistant Government Pleader for respondent Nos.1 to 3 and Mr. Mihir Thakore, learned Senior counsel assisted by Mr. Vimal M. Patel for respondent Nos.4 and 5.

(2.) THE respondent Nos.1 to 3 invited e-tenders for State Highway Development Project. THE bids were invited for total 8 packages. As per the terms and conditions of the package, the bidders were required to have 25% financial capacity and 100% technical capacity. THE tenders were opened by the respondents on 17.02.2011 and bids of 8 persons were opened. But the financial bid of respondent Nos.4 and 5 was not opened on the ground that they had not qualified in the technical bid. Technical bids includes technical and financial capacity. When the bid of the respondent Nos.4 and 5 were not opened, the respondent Nos.4 and 5 made representation to respondent Nos.1 to 3 that their bids were illegally not opened though as per their technical bid, they were technically and financially qualified.

(3.) THE learned counsel for the respondents have supported the decision taken by them.