K VAJARAVEL Vs. ANSUL MISHRA

JUDGEMENT

(1.) THE petitioner is a partner of a registered firm under the name and style of "Surabhi Nursery" dealing with the Lanscape, designing, Maintenance of Parks and Gardens, Hybird Horticultural Plants and Seeds. THE firm has its agricultural farm at Palliyuthu near Erode and branch at No.596, Avinashi Road, Coimbatore 14.

(2.) THE petitioner is aggrieved by the order dated 12.10.2010, vide which the bid of the petitioner for Annual Maintenance of Parks ROC No.6120/2010/MD was rejected during technical evaluation, by the duly constituted committee, by holding that the petitioner was not technically qualified as per the qualification criteria. However, no decision was conveyed regarding the bid of the petitioner relating to the item No.3 of e-52/2010 and the works relating to other three zones.

(3.) THE contention of the learned Senior counsel for the petitioner was that the stipulation that the landscaping firm should have registered their firm under the Companies act, itself is arbitrary as the firm and a company cannot co-exist. On formation of company, the firm would lose its identity. THErefore, the stipulation on the face of it was arbitrary and not achievable. THErefore, bid document of petitioner cannot be rejected by treating the petitioner to be ineligible.