KAKALI BERA Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) A tender process initiated by the Geological Survey of India, Eastern Region by a notice inviting tender dated April 27, 2017 is under challenge in the present writ petition.

(2.) Learned Advocate appearing for the petitioners submits that, the petitioner was found to be technically qualified and their financial bid was opened. At the opening of the financial bid, the petitioners were found to be the L-1 tenderer. He refers to page 73 of the writ petition in support of his contention. Thereafter, the authorities had enquired as to whether the amount quoted by the participants included GST or not. In response to such enquiry, the petitioners had stated that, the amount quoted by the petitioners did not include GST as at the time of initiation of the tender process, GST was not in force. The other participant apparently had claimed that, GST was included in the quoted price. The authorities thereafter did not find the petitioners to be the lowest tenderer as the rate quoted by the other tenderer after factoring FST component was found to be lower. He submits that, the finding of the authorities is perverse.

(3.) Learned Advocate appearing for the respondents submits that, the work order has since been issued. The tender process was not finalized with the first declaration of the petitioner being the lowest tenderer. It was within the power of the respondent authorities to enquire from the participants as to whether the final price quoted by a participant included tax components or not. Such enquiry was made. The successful bidder had quoted a price which included GST. Finding that, the financial implication in accepting the tender of the successful bidder would be less than that of the petitioners, the respondent authorities had accepted such bid of the successful bidder. There is no infirmity in the action taken by the authorities. Moreover, the work order has since been issued in October, 2017. The writ Court should not intervene in such factual scenario.