A. NAZEEM Vs. COMMISSIONER OF MUNICIPALITIES ADMINISTRATION

JUDGEMENT

(1.) The petitioner is aggrieved against the tender notification dated 16.11.2017, more particularly, in so far as clause 4.1 A (3) and (4) are concerned. Consequently, the petitioner seeks for a direction to the respondents to consider the bid of the petitioner on merits and in accordance with law.

(2.) The grievance of the petitioner in this writ petition is against clause 4.1A(3) and (4) of the tender conditions, which deal with qualification of the bidders. Clause 4.1 A (3) stipulates that the bidder should have an annual minimum financial turnover of not less than 50% of the value put to tender in the preceding "three" financial years (2014-15, 2015-16 and 2016-17). Clause 4.1A(4) stipulates that the bidder should have satisfactorily completed BT or BT or CC road work(s) of not less than 50 % of the value put to tender under a single agreement in any one of the preceding "three" years (2014-15, 2015-16 and 2016-17) for the Government Department/Board/Government Undertaking.

(3.) Pointing out the above conditions stipulated in the impugned tender notification, the petitioner contended that such conditions are onerous and stipulated only to facilitate some interested person, who alone could participate in the tender process with such qualification, as no other persons, like the petitioner, can participate in the process, since they are not having such qualifications, which according to the petitioner, is not at all required for the purpose of considering the nature of work to be performed under the contract.