GLODYNE TECHNOSERVE LTD Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER Glodyne Technoserve Ltd. has prayed for quashment of letter dated 29.4.2010 received by the petitioner on 27.5.2010 rejecting its bid on the ground of not qualifying the eligibility criteria.

(2.) ON 12.12.2009 the State Government through Department of Food, Civil Supplies and Consumer Protection (FCS) issued a Request for Proposal (RFP) for appointment of Vendor for District Mechanism for Public Distribution System (PDS). The last date of submission of bid was 7.1.2010 which was extended till 17.2.2010.

(3.) IT is submitted that the petitioner company is a public limited company and listed Company having an annual turn over of almost Rs. 750 Crores. IT has been carrying out large scale infrastructure projects for various State Governments in India including Maharashtra and Bihar where bio-metrics of millions of people are to be collected to ensure identification of the targeted population for whom various Government Welfare Schemes have been framed such as National Rural Employment Guarantee Scheme. The petitioner company has been holding the ISO-9001:2000 Certificate for the highest quality standards in the services rendered by it. The petitioner company was selected to carry out a Pilot Project using the latest available information technology enabled methods and devices. The petitioner carried out a Pilot Project in respect of 10 shops in the State Government Public Distribution System in Bhopal. The Project was successful and as a result, the State Government decided to implement a large scale project for reform of the Public Distribution System throughout the State. For this purpose, a tender was issued and the petitioner submitted its bid. Due to mistake the petitioner enclosed ISO-9001:2000 quality certificate which had expired 18.11.2009. However, it was renewed by the Certifying Agency QA International on 3.12.2009 and the same was valid up to 18.11.2010. Inadvertently, the earlier ISO-9001:2000 certificate which was valid up to 18th November, 2009 was submitted along with the bid instead of the latest certificate, which was valid upto November, 2010. IT was an inadvertent clerical error because at the time of submission of bid on 17.2.2010, the petitioner was in possession of the renewed and extended Quality Certificate which had been issued on 3.12.2009 and was valid up to 18.11.2010.