P. BHARATH Vs. IRCTC LTD

JUDGEMENT

(1.) The 2nd Respondent herein issued a tender notification vide OPEN E-TENDER No-2024/IRCTC/SCZ/1/NIT/FP/01 as per Tender Document No.2024/SCZ/1/FP/NIT-18, dtd. 2/4/2024, for setting up, operation and management of Food Plaza at Dhone Railway Station, for a period of nine (9) years. As per the Notice Inviting Tender, the last date for online submission of the tenders was 24/4/2024, further one Corrigendum-01 was issued on 18/4/2024, modifying a clause of Annexure-G and extended the time for submission of tender till 2/5/2024. Pursuant to which the Petitioners herein submitted their bids / applications along with all the annexures supporting as per the terms and conditions of the tender notification on 2/5/2024. As per the terms of the tender notification, the sequence of finalization of tender process would be technical bid, financial bid and e-auction.

(2.) While so, on 12/8/2024 to the surprise of the Petitioners, the 2nd respondent informed the Petitioners that their bids have been disqualified due to the following reasons:

(3.) The 2nd respondent filed counter-affidavit and stated as under: Eligibility Mandatory Criteria for Food Plaza - Sl.No.(11) specifies