PREM ELECTRICALS Vs. MUNICIPAL CORPORATION SINGRAULI

JUDGEMENT

(1.) BY filing this petition under Articles 226 and 227 of the Constitution of india the petitioner has called in question the acceptance of tender of the second respondent by the Municipal Corporation, Singrauli on the ground that on the date of submission of tender the second respondent was lacking fundamental qualification of being registered as grade-II contractor.

(2.) BRIEFLY stated, on 29-9-2005 the Municipal Corporation issued a notice inviting tender for construction of PCC road under 'ayodhya Basti development Scheme'. In the notice the tenders were invited from the contractors registered in grade-II or above. The petitioner stated that on 19-10-2005, the last date of submission of tender, the second respondent was not registered in grade A-II. It was registered as grade-II contractor only on 20-10-2005, in the circumstances the Municipal Corporation committed error in opening its technical and financial bids and further erred in approving its offer and issuing work order.

(3.) IN the return the Municipal Corporation stated that the second respondent was registered contractor of grade A-I. It's application for up-gradation to grade A-II was allowed by the Commissioner, Municipal corporation, Singrauli on 5-10-2005. It is further stated that on 19-10-2005 the second respondent made an application stating that it will produce the certificate of registration in grade A-II before opening of the technical bids. Thereafter on 20-10-2005 the second respondent deposited the requisite amount and got registered in A-II category, and prior to opening of the technical bids it submitted the requisite certificate of its registration in grade A-II. In the circumstances it is stated that the bid of the second respondent was rightly opened and it being lowest the work order in its favour has been issued.