RAJENDRABHAI VIBHAKAR Vs. EXECUTIVE ENGINEER, BOTAD IRRGIATION DIVISION

JUDGEMENT

(1.) Petitioner, who participated in the tender bid process floated by respondent Nos.1 and 2 for operation, maintenance and repairs of civil, electric, mechanical works, civil structures, etc. for Botad Branch Canal for the period 2021-22 to 2023-24 is calling in question the rejection of technical bid offered by petitioner and is seeking for a writ of mandamus to respondents 1 and 2 to accept the technical bid and to consider the price bid of the petitioner. Petitioner has also sought for a writ of certiorari for setting aside and quashing the award of contract by respondents 1 and 2 to 3rd respondent and/or any other person in the event of same having already been done. BRIEF BACKGROUND:

(2.) During June, 2021, respondents 1 and 2 floated tender for operation, maintenance and repairs of civil, electric, mechanical works, civil structures, MS pipeline including proper supply of water to all outlets required under the project for Botad Branch Canal near Ch.47350 meter at Village Rajpara to Paliyad, to Goma Canal, Paliyad to Goma Dam and Paliyad to Sukhabhadar Dam including Rajpara Pumping Station for the period 2021-22 to 2023-24. Petitioner, who claims to have carried out various contracts for operation and maintenance of water treatment plant including construction and other water supply projects, pumping station projects, etc. for a period of 20 years, participated in the tender process by submitting his tender bid qua said project enclosing documents in support of his claim. On opening of the tender bid, petitioner claims that his technical bid had not been rejected. It is contended that on perusal of the website on 27/8/2021, it revealed that tick mark (xx) was found and had suddenly disappeared and technical bid of petitioner came to rejected. Hence, petitioner is said to have sought reasons for rejection of his technical bid from respondent by forwarding a mail on 27/8/2021 (Annexure-K).

(3.) The respondent by email dtd. 8/9/2021 intimated the petitioner reasons for rejection of technical bid namely, on the ground that petitioner did not fulfill the eligibility criteria of one year operation and maintenance of 1900 mm diameter and 20 km length; and litigation history not having been provided in Annexure-H as contemplated under tender. Challenging the same, present Special Civil Application has been filed.