KALA BAI JAISWAL Vs. DISTRICT COLECTOR JHABUA

JUDGEMENT

(1.) With consent heard finally.

(2.) In pursuance to the N.I.T. dated 21.05.2012 issued by the respondent for establishment, operation and maintenance of Public Service Centre at various places in Jhabua District the petitioner submitted her tender for the said work. Her technical bid was not accepted on the ground that she did not file Power of Attorney along with the tender document and that the request for proposal (RFP) document was not signed on each page. Feeling aggrieved the petitioner has filed this petition.

(3.) During the course of the argument, learned Senior counsel for the petitioner did not dispute that neither the Power of Attorney was attached with the tender nor RFP document was signed on each page. He however contended that it was not necessary to have attached the Power of Attorney and to have signed the RFP document on each page. He has taken us to the tender conditions to3 show that filing of the Power of Attorney, could not have been insisted at that stage. He has argued that the nonsigning of the RFP document would not vitiate the petitioner's tender as it was the document downloaded from the respondent's web site itself. He further argued that it was not an essential condition on the basis of noncompliance of which the tender was liable to be rejected. He placed reliance on the judgment of the Supreme Court in the case of M/s Poddar Steel Corporation Vs. M/s Ganesh Engineering Works and others, 1991 AIR(SC) 1579).