ORION SECURITY SOLUTIONS PVT LTD Vs. MADHYA PRADESH

JUDGEMENT

(1.) IA No. 1386/2020 is an application for vacating stay. With the consent of the parties, the matter was heard through Video Conferencing and it is being disposed of finally.

(2.) The petitioner before this Court, a Company registered under the Companies Act, in the name of Orion Security Solutions Private Limited, under the Companies Act, 1956 has filed this present writ petition being aggrieved by one of the conditions in the NIT No. ED/IR/2019-20/PUR/TS-300, issued by the Executive Director / Chief Engineer, Madhya Pradesh Paschim Kshetra Vidyut Vitran Company Ltd., (hereinafter referred to as, 'the MPPKVV Co. Ltd.,) The contention of the petitioner is that the petitioner Company was incorporated on 10/6/2020 and it is also registered the the Ministry of Labour and Employment. The Company is also registered with the Employees' State Insurance Corporation and is engaged in the business of outsourcing the manpower to various institutions / Central Government and State Government undertakings / Power Distribution Companies, Banks, etc., in different States of the country. Petitioner has further stated that the NIT was issued on 9/12/2019 for outsourcing of unskilled, semi- skilled, skilled and highly skilled manpower to carry out miscellaneous works of the MPPKVV Co. Ltd., Indore and the last date for submission of the bid was 17/3/2020. The petitioner is aggrieved by the condition inserted vide clause No. 39.1 of Sec. 3 of the Instructions to the Bidders. The contention of the petitioner is that initially there was no such condition and later on by issuing revised instructions / amendment new conditions have been incorporated. The petitioner has challenged the following conditions, as detailed in Clause 39.1 of Sec. 3 of the Instructions to the Bidder and it reads as under :

(3.) The bidder with highest 'total contract value' in all awarded outsourcing contracts, in financial year 2018-19 in any Central / State PSU(s) / Government Department(s), serving in India, as per Annexure XVII shall be adjudged as final L1 bidder.