JAMES ELECTRICALS Vs. STATE OF GOA

JUDGEMENT

(1.) Rule. Rule returnable forthwith by consent.

(2.) The petitioner seeks a declaration to the effect that the conditions of the notice of tender, requiring work experience and submission of solvency certificate, are arbitrary, unreasonable, bad in law and contrary to the mandate of CPWD Works Manual, 2003. A writ of certiorari is sought to quash and set aside the notice of tender dated 12/10/2003.

(3.) The facts, in brief, are that the petitioner is a proprietor of M/s. James Electricals, and a qualified electrical engineer and is enlisted by the respondents as a Class I Contractor in the category "Electrical" since last 10 years. The Executive Engineer, Works Division XXII (M&E), Public Works Department, Fatorda, Margao, Goa issued a tender notice dated 12.10.2009 for upgradation of electrical distribution work of Goa Engineering College, Farmagudi. The estimated cost of the work was Rs.92,24,564/-. The time limit, including monsoon was 150 days. Conditions No.9 and 10 of the tender notice read thus :