DREDGING SOLUTIONS Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The Writ Petition has been filed seeking a Writ of Certiorarified Mandamus, calling for the records on the file of the second respondent in KPL/OP/CD -Ph -IV/2015 dated 11.12.2015 and quash the same and consequently allow the petitioner to participate in the Tender for Appointment of Project Management Consultant for Capital Dredging Phase IV pending empanelment by the third respondent.

(2.) The case of the petitioner is that in August 2014, the third respondent, vide its notification, invited Request for Qualifications (RFQ) to prepare a panel of Consultants / Transaction Advisors (TA) for different types of consultancy services which could be used by the Major Port Trusts as and when required. Pursuant to the same, several firms applied and got themselves empanelled in the list maintained by the third respondent. This list has been published by the third respondent, by its letter dated 16.03.2015. Thereafter, the third respondent issued another notification dated 26.04.2015 stating that since a number of Capital and Maintenance Dredging projects would be undertaken at all the major Ports in the next 4 -5 year period, there is a need for appointment of Project Management Consultant and third party survey agencies. This notification was issued with the background that Standard Operating Procedures on dredging was prepared by an expert committee constituted by the Ministry of Shipping. As per the notification, the panel prepared by the third respondent was valid for three years and it may be used by major Ports for inviting bids as and when required for their dredging projects/works.

(3.) It is the further case of the petitioner that pursuant to the above notification, the petitioner applied to the third respondent for empanelment by his letter dated 24.06.2015. Though the petitioner applied at a later date than the date fixed as per the notification, the profile of the petitioner was accepted and the same was yet to be considered. In the meanwhile, the first respondent notified the Guidelines on November 2015, titled as "Guidelines on Undertaking dredging at major Port Trusts". As per Clause 3 of the Guidelines, the major Ports are entitled to engage Project Management Consultants for Capital dredging to carry out the comprehensive supervision of the Project. Clause 3.1 of the Guidelines are extracted below for reference: