MANARANJAN SAHOO Vs. STATE OF ODISHA

JUDGEMENT

(1.) The validity of the Invitation for Bids (for short hereinafter called 'IFB') with Bid Identification No. MBD-15/2014-15 issued by the Executive Engineer, Mahanadi Barrage Division, Cuttack for execution of the works as enumerated therein is challenged in this petition.

(2.) We have heard Mr. S.S.Das, Senior Advocate for the petitioner and Mr. B.N.Bhuyan, learned Addl. Government Advocate for the State-opposite party.

(3.) The petitioner has introduced itself to be a Small Scale Industrial Unit involved in manufacturing and processing of Milled Steel Grill, Gate, Steel Door, Window, Rolling Shutter, Iron Post, Steel Trusses, Water Tank, Water Tanker, Screw Gear Shutter, Irrigation Shutter, Gear Box, Driver and Non-drive Pulley, Coupling, Steel Structural Mechanical Job Work, Worm Pinion Type Gear Box, Walkway Bridge Rope Drum. It has claimed to be enrolled with the District Industries Centre, Cuttack and with the expertise earned from execution of various works of manufacturing and installation of irrigation Gates and other fabrication works has asserted that it has established itself as a Small Scale Industrial Unit possessed of special skill and proficiency in such projects. Apart from furnishing the particulars of the works of fabrication and transportation of gates in the earlier years, the petitioner has averred that when tenders for such works are invited, terms and conditions must indicate with legal certainty, norms and bench mark therefor as vagueness or subjectivity may result in unequal and discriminatory treatment. Referring to various e-procurements notices for the past years prescribing the minimum qualifying criteria for similar works, the petitioner has posted an animated challenge to the impugned IFB with Bid Identification No. MBD-15/2014-15 contending that the same vis-a-vis the minimum qualifying criteria is cagey, deficient, inexpressive and nebulous having the potential of being flexed to foster nepotism and favoritism, anathematic to any public participatory process.