SRINIBAS SANDHA Vs. COMMISSIONER CUM SECRETARY

JUDGEMENT

(1.) THIS writ application is directed against the action of opposite parties 2 to 5 awarding the contract relating to development, beautification and enviromental protection to Indrvati Dam. and its Down -stream (Development Work) in Podagada Dam Division under the Orissa Hydro Power Corporation Ltd.

(2.) IN the writ application it was alleged that opposite party No. 6 who was awarded the work was not eligible to receive the Tender papers as he had not furnished copies of the relevant documents. It was further contended that the petitioner being a Graduate Engineer, was entitled to five per cent price preference and if that would have been considered, the offer given by the petitioner would have been lower than that of opposite party No. 6.

(3.) THE stand taken by opposite parties 2 to 5 to the effect that five per cent price preference may not be available to the petitioner is not correct in view of the subsequent clarification issued by the Government stating that such preference can be given to Graduate Engineers who are registered as 'A' class Contractors. If five per cent price preference would have been given to the petitioner, obviously, his tender would have been lower than that of opposite party No. 6.