O.S.A. SUNDARARAJ Vs. THE CHIEF ENGINEER (GENERAL), HIGHWAYS AND RURAL WORKS DEPARTMENT, CHEPAUK, CHENNAIAND THE SUPERINTENDING ENGINEER, HIGHWAYS AND RURAL WORKS DEPARTMENT, MADURAI

JUDGEMENT

(1.) THE petitioner is a class I Highways and Rural Works contractor authorised to do the contract works about Rs.25 lakhs. He has sought for a writ of declaration to declare that the pre -qualification condition No.1 under Tender Notice No.12/2001/AD1 dated 12.12.2001 is illegal and unconstitutional and void and has also prayed for a direction to the second respondent to issue tender schedule to the petitioner without insisting on condition No.1.

(2.) FOR convenience, the aforesaid condition No.1 as published in the newspaper The New Indian Express dated 17.12.2001 is extracted here -under: -

(3.) A comparison of the condition included in the documents filed by the respondents and the condition as reflected in the Newspaper indicates some sort of distinction between two. It is rather unfortunate that the expressions used in the primary document of the Department which forms part of the tender papers and the advertisement issued in the Newspaper are dissimilar creating confusion in the mind of the intending bidders and it is expected that the respondents would be more careful in future while coming out with the advertisements and there should not be any scope for any confusion in such matters.