PATIL TRANSPORT SERVICE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Respondent No.1 floated a tender for appointment of transporters for transporting food-grains and other essentials to Fair Price Shops (for short the "FPSs"). The Petitioner is held ineligible on account of insufficient experience.

(2.) Mr. Godbole, the learned Counsel for the Petitioner submits that the Government Resolution dtd. 15/1/2021 and the request of proposal specifies the eligibility criteria for tender / bid process for appointment of transporters. It is specified that the bidder should have experience of transportation of 33% of the Government food- grains transported in the preceding 3 years. According the learned Counsel, the information sheet uploaded on the web portal of Respondent No.1 contains erroneous quantities for the transport of food-grains in last three years. In the pre-bid meet the Petitioner indicated that the information sheet published along with the Retail Fair Price (for short "RFP") for Nasik District contains wrong and erroneous numbers i.e. the quantity of the food-grains transported during the preceding three years. On or about 2/6/2021 the District Supply Officer provided revised and correct information sheet for appointment of transporters for transporting food-grains and other essentials for the FPSs in Nasik District. The Respondent No.1 uploaded the revised information sheet for Nasik District which still contained erroneous quantities. The learned Counsel for the Petitioner submits that in Nasik District, the quantity of transportation of food-grains in the Stage-I and the Stage-II cannot be the same. The Respondents erroneously calculated the same as 2,15,171 MT for Stage-I and Stage-II. The learned Counsel submits that in Nasik Municipal Corporation area there was direct transportation which is included in Stage-I. The transportation volume in Stage-I has to be more than Stage-II. The same principle will apply in four other Districts viz. Nasik, Solapur, Nagpur and Aurangabad. Consequently, Clause 11 and 11.1 of the Sheet showing the details of quantity of food-grains transported so also of Stage-I and Stage-II is incorrect. In the revised list the same was correctly shown by the DSO Nasik. That was provided on 2/6/2021. The same was issued by the DSO pursuant to the directions of the Government. The experience certificate issued to the Petitioner would categorically demonstrate that the Petitioner has the necessary experience of transportation of food-grains of the quantity indicated in Stage-I and Stage-II.

(3.) Mr. Godoble, the learned Advocate further submits that the impugned order holding the Petitioner disqualified, is a non-speaking one and is sought to be supported by the affidavit, which is not permissible. Clause 5.1 of the Government Resolution requires the actual quantum of goods transported to be the basis whereas the Government has taken a wrong figure of 6,52,032 MT which is not the actual quantum transported but is the quantum for which contracts were awarded. Actual figure is 6,20,167.53 MT. The learned Counsel submits that even if the case of the Respondents is accepted, still the Petitioner fulfills the criteria in Stage-I for the financial year 2018-2019 and 2019-2020. Reliance is placed on the judgment of the Division Bench of this Court at Aurangabad in the case of Shalimar Transport and Catering Contractor Vs. Government of Maharashtra and Ors. in Writ Petition No.9279 of 2021 delivered on 13/10/2021. The learned Counsel further submits that the impugned order is absurd and irrational since it was the Petitioner who was alone awarded the work of transportation for the entire Nasik District for the financial year 2018-2019 and 2019-2020. The Petitioner could not have been disqualified. The Government has taken a wrong figure of Niyatan which means the amount for which the contract was awarded instead of taking the figure of goods actually transported, which is correct criteria of 5.1 read with clause 1.1 and 1.2 of the Government Resolution so also clause 6.1 of the RPF. In fact, for Nagpur District, the same correct method is applied.