MOHAMMAD SULTAN KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) In these petitions, the parties are at loggerheads on the validity of decision of the respondents in accepting bid of private respondent after declaring him as disqualified. It is further prayed that since petitioners are the lowest bidders and qualified the technical bid, they may be awarded the tender. Since both the petitions are similar, on the joint request of the parties, the matters were analogously heard and decided by this common order.

(2.) Facts are taken from WP No.17290/2020.

(3.) The respondent/department issued a notice inviting tender (NIT) on 26/06/2020 (Annexure P/5) for transport of posts on the route Indore to Burhanpur. It was pointed out that the only difference in the connected matter is that the route involved therein is different. The petitioners, respondent No.4 and other persons submitted their tender submission form. The petitioners duly submitted their signed tender documents. Petitioners duly filled up all the relevant columns of the prescribed tender form. They furnished the necessary information against relevant columns and also filed supporting documents which is evident from a bare perusal of Annexure P/6, P/7 & P/8. It is pointed out that respondent No.4 also submitted his signed tender document (Annexure P/10). However, he did not submit the details of proposed vehicles which was the heart and soul of the tender because tender was for transfer of posts. The relevant page of tender document (Page-113) was left blank and no vehicle details have been provided by respondent No.4. In addition, respondent No.4 submitted an affidavit stating that if his bid is accepted and in turn, tender is awarded to him, respondent No.4 will provide a new vehicle for the purpose of fulfilling the mandatory requirement/eligibility criteria of the tender.