T MATHIAS Vs. M KRISHNAKUMAR

JUDGEMENT

(1.) THE writ appeal is directed against the order, dated 16.11.2009 passed in W.P(MD)No.7447 of 2009 whereby the learned single Judge allowed the writ petition filed by the first respondent in this appeal by quashing the impugned order dated 06.03.2009. Aggrieved over the same, the present appeal has been filed by the third party after obtaining leave from this Court.

(2.) THE questions that fall for consideration in this writ appeal is that whether the conditions stipulated in the tender notification to furnish the names of key personnel at the time of the evolution of the pre-qualification bid is mandatory in nature or directory in nature and whether the second respondent namely, the Superintending Engineer is a competent authority to pass the impugned order.

(3.) THE main contention of the learned counsel for the appellant is that the condition of furnishing of names of key personnel is mandatory in nature. In support of his contention, he relied upon the Rules governing tender conditions wherein it has been stated as follows: