NATIONAL SECURITY SERVICES Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Petitioner has invoked jurisdiction of this Court under Article 226 of the Constitution of India challenging decisions dtd. 17/2/2025 and 22/4/2025 rejecting its bid as being technically ineligible. Petitioner also seeks direction for disqualification of Respondent Nos.3 to 6 and for consideration of its bid in the impugned Tender process.

(2.) Briefly stated facts of the case are that:- Pimpri Chinchwad Municipal Corporation published ETender Notice No.2/2024-2025 dtd. 23/9/2024 inviting bids for provision of 1194 helpers to the security guard on contract basis in respect of various municipal properties. The Tender Notice stipulated the prescribed eligibility criteria for the bidders. Petitioner claims to have been providing security manpower and other personnel to the Respondent-Municipal Corporation since the year 2016. It believes that it fulfills the prescribed eligibility criteria in the Tender Notice. Accordingly, Petitioner submitted its bid in pursuance of the Tender Notice. Total 6 bids were received by the Respondent-Municipal Corporation including that of Petitioner and Respondent Nos.3 to 6. The technical bids were opened on 5/11/2024. It is the contention of the Petitioner that after opening of the technical bids, Respondent Nos.3 to 6 were illegally given opportunity to submit the shortfall of documents. The Petitioner was never called upon to submit any shortfall document, which Petitioner believes was an indication of it having fulfilled the prescribed eligibility criteria. According to Petitioner, opening of the technical bid was held and announced on 17/2/2025. Petitioner was adjudged disqualified on the ground of lack of experience. Petitioner protested vide letter dtd. 17/2/2025. It filed Writ Petition No.2529 of 2025 in this Court challenging the rejection of its bid and questioning the action of Respondent - Municipal Corporation treating Respondent Nos.3 to 6 to be eligible. Petition came to be disposed of by this Court by order dtd. 25/3/2025 directing the Municipal Corporation to decide the representation made by the Petitioner. After disposal of the Petition, the Petitioner addressed further representation dtd. 26/3/2025. By impugned order dtd. 22/4/2025, the Respondent -Municipal Corporation has rejected the representation of the Petitioner. Aggrieved by the Communication dtd. 22/4/2025, Petitioner has filed the present Petition.

(3.) By interim order dtd. 29/5/2025, this Court recorded a statement made on behalf of the Respondent-Municipal Corporation that the final decision in the impugned tender process shall not be implemented.