KANITHI DEEPAK Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The present Public Interest Litigation has been filed questioning the tender conditions in the tender notifications issued by the Transmission Corporation of Andhra Pradesh Limited (for short, ,,AP TRANSCO).

(2.) The case of the petitioner is that the AP TRANSCO has issued four tenders and purchase orders as follows:

(3.) It is the case of the petitioner that in the said tender conditions, the technical qualification under Clause 1.3(iv) mandates that bidder must have executed works such as substations, transmission lines, or any infrastructure project of value more than 300 crores for State/Central Government/PSU agencies and under clause 1.3(iii)(A) the bidder must have executed 100% of the tender quantity(290 KM) of 220KV XLPE underground cable within the last 10 years and the same must be in successful commercial operation for atleast two years. In the tender conditions it was specifically mentioned that the bidder meeting the eligibility criteria as mentioned at Clause1.3(iv) above is mandatorily required to appoint a sub-contractor who meets the technical qualification criteria as mentioned in Clause No. 1.3(iii) as well as Cable Manufacturers Qualification Criteria as mentioned at Clause No.1.4(l).