MEDIPOL PHARMACEUTICALS PVT. LTD. Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The instant writ petition is directed against the decision of rejection of tender document, disqualifying the petitioner from tender process, by intimating him vide letter dtd. 4/5/2023 about the infirmity in the tender document.

(2.) To assail the decision of the respondent in rejecting the tender document, in the technical bid, it is submitted by the learned counsel for the petitioner that the infirmities in the original tender submitted by the petitioner, pointed out in the letter dtd. 4/5/2023, have been duly removed by the petitioner while submitting reply vide letter dtd. 5/5/2023. The attention of the Court is invited to four reasons, given in the letter dtd. 4/5/2023, for rejection of the tender document. A comparative chart of the documents submitted by the petitioner along with the letter dtd. 5/5/2023 has been placed before us to contend that after submission of the necessary documents, first with the original tender and further with the letter dtd. 5/5/2023, the act of the respondent in rejecting the tender disqualifying the petitioner at the technical stage, is illegal.

(3.) Considering the above submissions, suffice it to note that as per the terms and conditions of the tender, turnover for the year 2021-22 as per the tender condition No. D (3)(a) was required to be submitted with the original tender. Admittedly, the said detail was not provided by the writ petitioner. It is pointed out by the learned counsel for respondent No.2 that in the original writ petition, there is no whisper about issuance of the corrigendum to amend the tender condition No. D 3(a) asking for the turnover for the year 2021-22. Thus, at the time of admission in the instant petition, the petitioner by giving a wrong impression to this Court, by concealment of the issuance of corrigendum, that he fulfilled the requirement of tender condition No.3(a), has succeeded in getting the writ petition admitted.