SAHYADRI MADHYAWARTI SAHAKARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE returnable forthwith. By consent of the parties petition is taken up for final hearing. Respondents waives service.

(2.) ON 26.8.2013 the respondent No.2 Directorate of Primary Education, Maharashtra State, Pune had issued an advertisement inviting bids under eTender for (i) transportation of rice/wheat from the godowns of Food Corporation of India (FCI) to schools (rural and urban both) and

(3.) IT is the petitioner's case that the representative of the petitioner attended the prebid meeting on 7.9.2013. The petitioners state that the dates for down loading of the tender form were from 28.8.2013 to 12.9.2013. During this period, the petitioners had faced several difficulties in downloading the forms which the petitioners alleged was a technical snag on the ground that the server was in operative. The tender contemplated a technical bid and commercial/financial bid. The tender also contemplated submission of food samples. It is the petitioner's case that on 17.9.2013 the petitioner had supplied respondent no.2 food samples along with a demand draft of Rs.5000/ drawn in favour of respondent no.2 and that food samples were duly accepted by the respondents. It is the petitioner's case that on or about 17.9.2013 the petitioner after collecting all the documents tried to upload the completed tender forms on the website. However, the petitioner faced several difficulties. For this the petitioner called the helpline and sought clarifications. However, there was no response. It is stated that the time frame for tender uploading as per the programme was 19.9.2013 and the date of submission of the completed bids was 25.9.2013. The petitioners during this period could not upload the technical form on the website.