PROCESS OFFSET CO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner calls in question the award of contract for printing of Primer II in favour of opp. party No. 5 made by opp. parties 2 to 4 and has prayed for quashing the decision in finalising the contract in favour of opp. party No. 5 with preference to the petitioner.

(2.) THE fact of the case is that the petitioner is a Printing and Publishing concern and in response to the quotation call notice issued by the Secretary of Zilla Swakhyarata Samiti (opp. party No. 4), submitted its tender for printing of the book, Primer II. Opp. party No. 5 also had submitted the quotation for printing of the said book. The quotation call notice has been annexed as Annexure 1 to the writ petition. The petitioner had quoted Rs. 10.06 paise pit page as per its attached paper sample on 7 9 2000. A copy of which is Annexurt 2 to the writ petition. Opp. party No. 5 similarly submitted its rate with paper samples. Opp, party No. 3 in its letter dated 16 9 2000, a copy of which is Annexure 3 called upon the petitioner as well as opp. party No. 5 for negotiation and the date of negotiation was fixed at 4.00 p. m. on 21 9 2000 in the official chamber of the Additional District Magistrate, Bhadrak. The Selection Committee (opp, party No. 3) on consideration of the quotations came to a conclusion that the sample papers submitted by the petitioner and opp. party No. 5 being not identical, they are unable to compare the rates and therefore, issued a corrigendum enabling both the parties to submit their respective rates for printing by using 60 GSM paper for inner page of Century Mills and 80 GSM paper for cover page of J. K. Mill vide their letters in Annexure 3/A, The petitioner as well as opp. party No. 5 revised their quotations and the rates quoted by each of them being Rs. 0.11 paise per page equally. It is stated that the revised quotations of the petitioner and opp. party No. 5 specifically mentioned that in case of non availability of the papers in the corrigendum, they would use the papers of equivalent quality and price. The Selection Committee held its meeting on 26 9 2000 to consider the revised offer submitted by both the parties, but the Committee proposed acceptance of the quotation of opp. party No. 5 and opp. party No. 2 having accepted the recommendation awarded the contract in favour of opp. party No. 5.

(3.) THE Secretary of the Zilla Swakhyarata Samiti in its letter dated 10 11 2000 invited the petitioner as well as opp. party No. 5 to attend the Selection Committee, meeting scheduled to be held on 16 11 2000 at 3.00 p. m. in the official chamber of the Additional District Magistrate, Bhadrak. The petitioner asserts that he appeared before the Committee wherein he had got the opportunity to go through the paper samples submitted by opp. party No. 5 and on the said table the petitioner gave his willingness in writing to supply at a lower rate than the opp. party No. 5. A copy of the said letter is Annexure 7 to the writ petition. However, it is stated that though the letter was dated 16 11 2000, it was delivered to the P. A. of Collector on 17 11 2000 as the Collector was busy in some other meeting and similarly the copy of the said letter was also given to the Steno of the Additional District Magistrate and since the P. A. and the Steno did not hand over a receipt showing receipt of the same, a copy of the said letter was also sent through Speed Post to both of them and the same was received by their offices on 18 11 2000. Copies of the said letters dated 16 11 2000 and 18 11 2000 are Annexures 8 and 8/A respectively.