SANJAY KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The present dispute arises from a tender floated by the Respondent No. 2, namely the Indian Oil Corporation Ltd. (Marketing Division), for transportation of Indane LPG Cylinders in vertical position on unit rate basis Ex-Patna LPG Bottling Plant under Bihar State Office.

(2.) The petitioner was a prospective bidder under the general category (as opposed to the reserved categories) in E-Tender No. RCC/ERO/37/2019-20/PT-189 dated January 22, 2020. His principal grievance is that more trucks were allocated for the reserved categories than indicated in the relevant clauses of the Notice Inviting Tender (NIT), in particular clauses 14, 15 and 18a under the fifth heading (Tender Evaluation Criteria) of the NIT, thereby curtailing the number of trucks allocated to the general (non-MSE and non-SC/ST) candidates under both categories of trucks (that is, 342 cylinder and 525 cylinder trucks respectively). Such discrepancy is evident, according to the petitioner, from the chart showing calculation on reservation of trucks, as given in Annexure W8 to the NIT.

(3.) The petitioner alleges that such action of the Respondent No. 2 was illegal and arbitrary with a view to favour particular classes of bidders and deprive others from participating in the e-tender process through a transparent mechanism.