AIR PERFECTION Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner before this Court, a partnership firm through its partner Vikas Nema, has filed this present petition being aggrieved by the terms and conditions of the Notice Inviting Tender (hereinafter referred as N.I.T.) i.e. N.I.T. No.03/PMAY/2019-20 for Supply, Installation, Testing, Commissioning & Maintenance of Lifts including Allied Works under PMAY at Bhuritekri, DudhiyaDevguradiya, Bada, Bangerda, Budhaniya and Badabangerda extension, M.P.

(2.) The petitioner's contention is that the petitioner / Firm fulfills all the eligibility conditions in the N.I.T. except Clause-2 and 3. Clause-2 provides for minimum annual turn over of Rs.100.00 crores and Clause-3 provides that a bidder should have installed 1000 lifts in the last three years.

(3.) During the pendency of the present writ petition, one more condition has been introduced by the respondents, which provides that bidder should have a manufacturing unit. The petitioner's contention is that the Central Vigilance Commission has issued guidelines dated 17.12.2002 in respect of the process of issuing N.I.T., acceptance of N.I.T. and award of contract. It has further been contended that the guidelines issued by the Central Vigilance Commission dated 17.12.2002 are binding upon the respondents.