N.N. PUGALIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Both these petitions are being disposed of finally by consent of the learned counsels appearing for the parties.

(2.) Both these petitions give rise to the common questions of law and fact relating to the rejection of the petitioner's technical bid in public tender process. Since the facts involved are identical, we prefer to decide both these petitions by this common judgment and, for the sake of convenience, we refer to the facts of Writ Petition No.1873 of 2019.

(3.) The respondent No.2, the Public Works Department, Amravati, published an etender notice on 10-2-2019 in respect of "IMPROVEMENT TO KHAIRY MARDI NANDEPERA WANI ROAD SH317 IN KM 150/000 (LENGTH 22.100 KM.) UNDER C.R.F. TQ. MAREGAON, DISTT. YAVATMAL" having bid value of Rs.47,30,70,473/-. The tender prescribed certain terms and conditions for the bidders to be eligible to participate in the process. The petitioner and the respondent Nos.5 and 6 were the participants in the process of tender, who submitted the bids within the prescribed time. In the scrutiny of the technical bids, the respondent No.2Department found that the petitioner does not meet the technical qualifications so prescribed, more particularly in Clause 4.4A(b) of the tender conditions, which resulted in rejecting his technical bid by the impugned communication dated 28-2-2019. The respondent No.5 A.C.P.L. and JOCPL (JV) being found technically qualified, its bid was opened and accepted, being the lowest offer of Rs.47,08,85,933.08. The price bid of the petitioner was not opened, but the petitioner claims to have offered the price of Rs.44,38,61,828.04, which was less by Rs.2,70,24,105.04 than the offer of the respondent No.5.