M.I. MANSOORI Vs. UNION OF INDIA

JUDGEMENT

(1.) CHALLENGE in this writ petition is made to the action of the respondents in not permitting the petitioner to participate in the process of a tender, which was initiated in the year 2009 i.e... on 28.2.2009, mainly on the ground that as per condition No.20 of the Notice Inviting Tender, current enlistment and experience of the petitioner is not available.

(2.) PETITIONER claims to be a contractor, who was enlisted with Bharat Sanchar Nigam Limited (hereinafter referred to as 'BSNL'), right from the year 1993 onwards and whose enlistment and existence continued upto March 2005. It is said that he has conducted various work till March 2008 and has experience of excavation of trenches and other ancillary works. Experience certificate for the work done by the petitioner with BSNL from 1993 to 2005 is filed as Annexure P/2. It is stated that on 28.2.2009, vide Annexure P/1, a Notice Inviting Tender (hereinafter referred to as 'NIT') was issued by the respondents, wherein contractors pre-qualified and enlisted with BSNL in various categories or with the MP Telecommunication Circle, were eligible to participate. One of the conditions stipulated in the tender document was that the Contractor should have completed construction work of telecommunication cable for minimum 50% of the amount estimated in the tender document, for the period 2007-08 and 2008-09.

(3.) RESPONDENTS have not filed any reply but Shri S.P. Singh, learned counsel for the respondents, argued that the tender was issued in the year 2009 for a specific work, which work is already over and now no further relief as prayed for by the petitioner can be granted. Accordingly, learned counsel submits that benefit cannot be granted to the petitioner.