G D BUILDERS Vs. GOVERNMENT OF PUDUCHERRY

JUDGEMENT

(1.) WRIT petitions filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified mandamus to call for the records of the third respondent in issuing the impugned press notices in No.1082/PW/NH/DB/D1/F.No,460/08-09 and No.1081/PW/NH/DB/D1/F.No,460/08-09 dated 30.09.2008 respectively and quash the eligibility criteria mentioned therein in so far as it is against the CPWD Manual 2007, and direct the respondent to permit the petitioner to participate in the tender without insisting upon the documentary proof of similar works, as the petitioner is a registered PWD Contractor of Puducherry.) The petitioner is a registered contractor in the category Class I in the Public Works Department, Puducherry for a period of 5 years up to 02.04.2010 and he is eligible to tender for works in Public Works Department of Puducherry subject to meeting the eligibility criteria as laid down in any notice inviting tenders and the CPWD Manual 2003. The renewal of contract was issued by the Public Works Department by memorandum dated 30.05.2005. Though, it is stated that the petitioner firm could enter into a contract with Public Works Department, Puducherry with a money limit of Rs.10 crores, the learned Senior Counsel for the petitioner, during arguments would fairly concede that the money limit is only Rs.5 crores and he would submit that it has been mistakenly typed out as 10 lakhs in the affidavit.

(2.) THE third respondent namely, the Executive Engineer, Public Works Department, Puducherry issued a press Notice in No.1082/PW/NH/DB/D1/F.No,460/08-09 dated 30.09.2008 calling for tenders from contractors registered with the Public Works Department, Puducherry, Central Public Works Department, Military Engineering Service and other State Public Works Department's to award contract to execute the work of Improvement of riding quality in Km 16/122 - 24/000 of NH 45A in Puducherry at an approximate estimated cost of Rs.3,57,63,207/-. Similarly, the third respondent issued another press notice on similar terms and conditions to award contract to execute the work of Improvement of riding quality in Km 24/000-29/800 of NH 45A in Puducherry at an approximate estimated cost of Rs.2,78,41,748/-. One of the eligibility criteria as per press notice No.1081/PW/NH/DB/D1/F.No,460/08-09 dated 30.09.2008 is as follows:-

(3.) THE petitioner challenges the said clause in Press Notice No.1082/PW/NH/DB/D1/F.No,460/08-09 dated 30.09.2008 in W.P.No,25226 of 2008.