H. P. GHUMARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of parties, Petition is heard finally.

(2.) Petitioner assails communication dtd. 30/09/2021 rejecting his technical bid submitted in pursuance of Request of Proposal for appointment of transporters for transporting food grains and other essentials (RFP). Petitioner has also sought a declaration to hold him eligible in technical scrutiny and to consider his final bid. Petitioner also challenges tender condition No. QC-6 in clause 4 of the RFP, so also clause 5.1 of the Government Resolution dtd. 15/1/2021 by reading it down to make it sustainable in law.

(3.) Facts of the case, in a nutshell, are that the State Government through the Department of Food, Civil Supplies and Consumer Protection issued RFP on 26/08/2021. The scope of work envisages two stages viz. (I) Stage-I - Transportation of food grains from godowns of Food Corporation of India to District Government Warehousing Godowns and (ii) Stage-II - Transportation of food grains from District Government Warehouses to Taluka Fair Price Shops. Clause 4 of the RFP provides for eligibility criteria. Condition No. QC-9 of clause 4 provides that the bidders shall be bound by the all terms and conditions of RFP and also of Government Resolution dtd. 15/01/2021.