OMFURN INDIA LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Art. 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, direction and order quashing and setting aside the action of the respondents - State authorities rejecting the prequalification bid of the petitioner and accepting the prequalification bid as well as price bid of the respondent No.5. The petitioner has also prayed for an appropriate writ, direction and order directing the respondent - State authorities to accept the prequalification bid of the petitioner as according to the petitioner it has fulfilled all requisite criterias and qualifications for prequalification bid and to direct the respondents - State Authorities to open and consider the price bid of the petitioner alongwith other qualified bidders.

(2.) That the respondent No.4 herein - Executive Engineer, Capital Project, DivisionIV, Gandhinagar invited the tenders online for providing and fixing modular furniture, canteen, conference and committee room, mobile storage (compactor) and Civil Works for Block No.12, Karmyogi Bhavan in Sector10A, at Gandhinagar. That estimated cost as per the tender notice was Rs.13,78,87,724.24 paise. Clauses 9.7, 9.8 and 9.9 of the tender notice provided for eligibility of the bidder. Clause 9.10 of the tender notice provided for qualification criteria. Clause 9.10 of the tender notice which is relevant for deciding the present petition reads as under:

(3.) Shri D.K. Puj, learned Advocate has appeared on behalf of the petitioner. Shri Dhawan Jayswal, learned Assistant Government Pleader has appeared on behalf of the respondent - State Authorities and Shri Rashesh Sanjanwala, learned Senior Advocate has appeared with Shri Hardik Modh, learned Advocate appearing on behalf of the respondent No.5.