H L INFRASTRUCTURE Vs. STATE OF ORISSA

JUDGEMENT

(1.) This writ petition has been filed by H.L. Infrastructure challenging the action of the opposite parties-Tender Inviting Authority in awarding the work order in respect of "Construction of HL Bridge over river Baitarani at 1/500 Km on Kasia-KasiaKendughati Road" in the district of Keonjhar mentioned at Sl. No.8 of the Tender Call Notice dated 23.12.2017, in favour of opposite party No.5-Sailabala Infrastructure Private Ltd. by treating O.P. No.5, even though the petitioner was the 1st lowest tenderer.

(2.) The dispute pertains to Tender Call Notice (TCN) dated 23.12.2017 under Annexure-1 issued by the opposite party No.2 (Tender Inviting Authority) for execution of work at Sl. No. 8 of the TCN i.e. "Construction of HL Bridge over river Baitarani at 1/500 Km on Kasia-Kasia-Kendughati Road" in the district of Keonjhar under Biju Setu Yojana. The petitioner along with other tenderers participated in the online bidding process. The price bid was opened on 26.05.2018 at 04.42 P.M. The petitioner having quoted Rs.7,19,14,892.1 i.e. 2.38 % more than the estimated cost was found to be the lowest bidder. However, as per the contention of the petitioner, the opposite party No.5 quoted Rs.7,31,23,073.5 i.e. 4.10% more than the estimated cost. Yet the Tender Inviting Authority, on the basis of circular dated 11.10.1977 treated the opposite party No.5 as the lowest bidder and issued the work order in his favour.

(3.) The contention of Mr. Jashobanta Dash, learned counsel for the petitioner is that the Tender Inviting Authority (TIA), as per the tender conditions mentioned in the TCN, is required to issue work order in favour of the 1st lowest bidder i.e. the petitioner but it has in complete violation of the tender conditions and even without any intimation to the petitioner, decided to award the contract in favour of opposite party No.5, which is wholly illegal and arbitrary and beyond the jurisdiction of the TIA. Mr. Jashobanta Dash, learned counsel for the petitioner further submitted that a special provision was introduced by the Government by the circular dated 11.10.1977 with an aim and object for advancement of the people of socially and educationally backward class whereby a relaxation to the extent of 10% has been given to the bidders of SC/ST category. But in the instant case, that circular is not at all applicable for the simple reason that TCN nowhere specifies about the applicability of circular for giving weightage to the SC/ST bidders. Therefore, it is submitted that decision of the TIA in awarding the contract to O.P. No.5 is discriminatory and violative of Article 14 of the Constitution of India.