GYAN SINGH SISODIA Vs. STATE OF M P

JUDGEMENT

(1.) The Writ Petitioners Gyan Singh Sisodiya and M/s. Rajawat & Company have challenged in these two Writ Petitions the incorporation of Condition No. 12 in a Notice Inviting Tender (NIT) published by the Deputy Director (Archeology and Museum), Gwalior, due to which the Petitioners have been prevented from participating in the Second Short Term NIT Dated 27.10.2009 (Annexure P/1), merely on account of non-submission of Tenders in the Previous NIT Published for the similar work on Date 03.10.2009(Annexure P/7). Since, the controversy involved in both the Petitions is identical, therefore, with the consent of the Parties, these Petitions were heard analogously and are being disposed of by this Common Order.

(2.) The facts of the matter revolve around Three Notice Inviting Tender Dated 3.10.2009 and 27.10.2009 which demonstrate that the Deputy Director (Archeology and Museum), Gwalior, has initially invited two Tenders Dated 03.10.2009 for a total of Eight independent Maintenance Works of the Archaeological Sites vide Annexures P/6 and P/7. The NIT No. 721/03.10.2009 (Annexure P/6) was issued for the maintenance and restoration work of four Sites and NIT No. 719 Dated 03.01.2009 was published for another Four Maintenance Works of another Archaeological Sites. For ready reference, the description of these Works are being give herein below:- <IMG>JUDGEMENT_1317_ILR(MP)_2010Image1.jpg</IMG> <IMG>JUDGEMENT_1317_ILR(MP)_2010Image2.jpg</IMG>

(3.) The Record demonstrates that the Petitioner Gyan Singh Sisodiya and M/s. Rajawat & Company had submitted their respective Applications for the issuance of the Blank Tenders Forms on Date 24.10.2009 in terms of Clause-2 of NIT 03.10.2009 and after examination and screening of their Documents, the Blank Tender Forms were issued to them on Date 26.10.2009, for their submission back into the Office on Dates 27.10.2009 and 28.10.2009.