GARG ELECTRIC WORKS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) IN this petition, preferred under Articles 226/227 of the Constitution, a writ or a direction is sought by the petitioner against the respondents for doing justice in the matter. The circumstances and the facts leading to the filing of the petition may be briefly described.

(2.) UNDISPUTEDLY, respondent No. 2 had issued Notice Inviting Tenders (NIT, for short, hereinafter), Annexure P-l for awarding work on contract of the electrification in concealed conduit pipes system in the newly constructed building of Polytechnic College, Morena. It was provided in condition No. 10 of the NIT that the cost of the pipes and the labour charges of the work carried out by the department till the acceptance of the tender shall be deductible from the bill of the contractor. It was also provided in the NTT that the other conditions and the informations about the work could be had from the office of respondent No. 2. In response to NIT only two tenders were received by the respondent.

(3.) THE petitioner-firm through its partner Gopaldas contends that he had obtained the tender form Annexure P-2 and was also in the race. Similarly, there may be many others desirous of participation in the bid. But due to the vagueness and ambiguity of NIT condition No. 10, it was not possible to take a decision. He had approached the respondent-Executive Engineer and his office several times but when the desired necessary information was not supplied, he made an application, Annexure P-3 well in advance, on 19th April, 1994 requesting for clarifying the condition and for furnishing necessary information. He was assured of early supply of clarification but again when respondent No. 2 and his office failed to furnish the information till 25th April, a reminder, Annexure P-4 was sent and the petitioner also represented to the higher authority i. e. Superintending Engineer, Gwalior under Annexure P-5, but this exercise was also in futility and thus the petitioner could not deposit the form and the last date for the submission of tender forms was made to expire by respondent.