P. GOPINATHA REDDY Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The respondent No. 2 - Nanded Waghala City Municipal Corporation floated the e-tender for selection of operator for door to door collection and transportation of Municipal Solid Waste up to disposal site in Nanded Waghala City Municipal Corporation. The bidders were required to submit the technical and financial bid. It appears that five bids were received. Two bids were disqualified on the ground that they did not have the necessary experience of door to door collection and transportation of municipal waste. Three bidders were held eligible. The petitioner, respondent No. 3 and one more bidder were held eligible upon opening the technical bid. In the financial evaluation the respondent No. 3 is declared as lowest bidder. The petitioner is the second lowest bidder.

(2.) The petitioner has filed the present writ petition assailing the decision of respondent No. 2 in holding the respondent No. 3 as qualified for nature of work detailed in the tender document and further has filed the writ petition to issue letter of acceptance and to award contract in favour of the petitioner.

(3.) Mr. P. M. Shah, learned senior advocate for the petitioner submits that respondent No. 3 was not qualified to participate in the tender process as the respondent No. 3 lacked the necessary experience as required under the tender document, so also did not possess the financial capacity as provided under the tender document.