PANORAMA ENTERPRISES Vs. TIRUMALA TIRUPATI DEVASTHANAM

JUDGEMENT

(1.) CERTAIN conditions incorporated in the tender documents issued by Tirumala Tirupati Devasthanams, while inviting tenders for award of contract of house keeping and sanitation works in some of its establishments, arise for consideration, in these writ petitions.

(2.) THE Devasthanam issued a tender notification in April 2008, inviting tenders for award of contracts for maintenance and sanitation works in various establishments in Tirupati and Tirumala. According to the notification, tender documents would be furnished only to such of the agencies, which give a power-point presentation, as to their performance. Petitioner in W. P. No. 13081 of 2008 gave its power-point presentation, and accordingly it was supplied with tender document, vide letter dated 5. 5. 2008, of the Chief Engineer of the Devasthanam. The dates of opening of tenders were also furnished. The procedure comprised of technical and financial bids. The former were to be opened on 20. 5. 2008 and the latter on 26. 5. 2008. It is stated that the petitioner was qualified in the technical bid, and though he emerged as L1 in the financial bid, it was not awarded the contract. It is pleaded that the petitioner was denied the contract, on the basis of condition No. 4 in the tender document, dated 28. 6. 2008. It seeks a declaration that the action of the respondents, in not finalizing the contract, is illegal and arbitrary, and seeks appropriate direction.

(3.) THE petitioners contend that once the minimum qualifications are stipulated for a tender and the procedure of technical bid is introduced, there is no justification for the respondents, in prescribing a procedure to evaluate the qualification, even on the basis of the criteria in the technical bid. Certain other ancillary contentions are also urged.