S P CONSTRUCTION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, a registered partnership firm, and government approved contractor, has approached this Court by way of this petition with following prayers:

(2.) Facts in brief, as could be culledout from memo of the petition deserve to be setout as under.

(3.) Learned counsel for the petitioner contended that the disqualification based upon the Certificate is erroneous, arbitrary and deserves to be quashed and set aside. The counsel for the petitioner contended that the petitioner has in fact been threatened and prevented from submitting physical document so far as the tender work no.(iii) is concerned and the petitioner was not lowest so far as the work at Sr. No. (i) was concerned. However, the petitioner was in fact L1 so far as the work of Aji Irrigation System No.2 was concerned and if the eligibility criterion prescribed thereon taken into consideration, then even ignoring from 3A, the petitioner was fulfilling the eligibility criteria and therefore, the petitioner ought not to have been disqualified for the same and it deserves to be granted the work so far as the work at Sr.No.(ii) is concerned.