DHARANI HI Vs. DISTRICT COLLECTOR, CUDDALORE AND OTHERS

JUDGEMENT

(1.) The technical bid of the petitioner for the package Nos.TN-03-06, TN-03-30, TN-03-32, TN-03-33, TN-03-34 and TN-03-35 were rejected on the ground of non-furnishing the relevant documents. Challenging the orders, the petitioner has come up with these Writ Petitions.

(2.) According to the petitioner, pursuant to the tender notification issued by the first respondent, calling for certain tender work in Cuddalore District, the petitioner had applied for 6 packages. The technical bid was opened on 02.02.2018. According to the petitioner, he submitted all the relevant documents through online and the hard copy by a registered post on 02.02.2018.

(3.) The petitioner would further state that as per Clause 9.3 of the tender condition, the original documents shall be submitted for verification, not later than two working days of opening the technical bid. However, the technical bid of the petitioner was rejected on the very next day, i.e., on 03.02.2018 on the ground that he did not produce the original E.M.D. Hence, the petitioner filed a Writ Petition in W.P.No.3250 of 2010. The petitioner would further state that all the original documents sent by him on 02.02.2018 were received by the respondents on 05.02.2018 and thereafter, the petitioner sent a detailed representation dated 07.02.2018 to accept the tender in terms of Clause 9(3). The technical bid of the petitioner was rejected on 12.02.2018 for the reason that the petitioner has not furnished turnover certificates for three years, the work order or letter of acceptance and the tools and plants certificate. The petitioner has further alleged that the third respondent in both the Writ Petitions have not furnished the original documents through online and offline, however, only to award the contract in favour of the third respondent, the technical bid of the petitioner was rejected.