MAHENDRA KUMAR JENA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has prayed for a direction to opposite parties 1 to 4 to accept the tender offered by the petitioner and for quashing the decision of opposite patties 1 to 3 recommending for acceptance of the offer given by opposite party No. 5 in respect of the work relating to 'Construction of Buildings for J.N.V. at Dist -Kendrapara (Orissa under Phase -A Plan, School -Building -I No. Dormitories -2 Nos for Boys and 1 No. for Girls, Principal Residence -1 No., Type -1 Qrs. 8 Nos. and Kitchen and Dining Hall -1 No.' The petitioner claims that though his offer was the lowest offer, opposite parties 1 to 4 have arbitrarily decided to award the work to opposite party No. 5. It has been asserted by the petitioner that he had given an offer of Rs. 3,78,56,672/ - whereas opposite party No. 5 had given an offer of Rs. 4,01,99,512/ -. It is further submitted that after opening the bids, the petitioner was called upon to give clarification regarding his quotation in respect of one of the items of the Schedule of Quantities for which no rate had been indicated by the petitioner and the petitioner had given clarification stating that he was prepared to undertake the entire work at the price given by him. It has been asserted by the petitioner that in spite of the aforesaid clarification, as indicated in Annexure -3, it was arbitrarily decided to award the work to opposite party No. 5 ignoring the valid and lowest tender of the petitioner.

(2.) COUNTER affidavits have been filed on behalf of opposite parties 1 to 4 and also on behalf of opposite party No. 5 whose bid has been accepted by other opposite parties. It has been stated in the counter affidavit of opposite parties 1 to 4 that in the tender submitted by the petitioner no amount had been quoted by the petitioner in respect of a major item, namely No 3.1.1 (R. C. C. work up to plinth level). On the other hand, opposite party No. 5 while giving his offer had quoted price of Rs. 25,59,400/ - for the aforesaid item. While considering, it was found that if the aforesaid sum of Rs. 25,59,400/ - is deducted from the total bid of opposite party No. 5, the amount of tendercame to Rs. 3,76,39,642.85 paise, which was lower than the offer of petitioner. Similar stand has been taken by opposite party No. 5 in his separate counter affidavit.

(3.) WRIT application dismissed.