POOJA ENTERPRISES Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard Mr. P.K. Rath, learned Counsel for the Petitioner, and learned Counsel for the State.

(2.) The Petitioner has come up before this Court alleging illegality committed in the tender process pursuant to the tender call notice dated 7.5.2010 (Annexure-1) floated by the Collector, Bhadrak (O.P. No. 2) inviting sealed tenders from Registered Firms/Traders/Co-operative Agencies WSHGs/WSHG Federation for supply of good qualify Arhar Dal for use in Supplementary Nutrition & Mid-dal Meal Programmes in the district of Bhadrak for the year 2010-11.

(3.) Learned Counsel for the Petitioner submits that the Petitioner submitted its bid, but the same was rejected on the ground that the sample of polished Arhar Das provided by the Petitioner-firm was found inferior to the samples of non-polished Arhar Dal provided by other three firms and did not confirm to the best quality of Arhar Dal. He further submits that the ground taken by the opposite parties to reject the Petitioner's bid cannot withstand judicial scrutiny in view of the fact that on 28.5.2010, the date fixed for opening the tenders, the representative of the Petitioner was present. The Committee Members in absence of the Chairman of the Committee (O.P. No. 2) opened the tender papers, examined the same, prepared a comparative statement and thereafter adjourned the meeting to 31.5.2010 to take final decision in presence of the Chairman. On 31.5.2010 the samples were opened in presence of the Chairman of the Committee (O.P. No. 2) and after examining the samples of Arhar Dal with reference to the quality, the Committee rejected the bid of the Petitioner, approved the samples of three tenderers and ultimately issued work order in favour of O.P. No. 3-Balasore Wholesale Co-operative Society, though it quoted much higher price. According to the Petitioner, the samples were examined behind its back without giving, an opportunity to know the defect in its sample, for which the entire tender process is vitiated.