G K PASAYAT Vs. ORISSA STATE HOUSING BOARD

JUDGEMENT

(1.) In the twin writ petitions one common order being the subject-matter of challenge, they were heard together and are disposed of by this judgment.

(2.) The Chief Engineer, Orissa State Housing Board, Bhubaneswar (opposite party No.3) invited sealed tenders as per Annexure-1 from contractors of special class registered under the State P.W.D./ C.P.W.D./M.E.S./O.S.H.B. and/or other Central Government Organizations and Undertakings having successfully completed building projects costing not less than rupees 1.50 crores per year during the last three years for the following two items of work : Name of work Estimated cost.1.Construction of houses under Chhend Housing Scheme, Ph. III, Stage 'A' at Rourkela, (HIG 'A'- 6l Nos., HIG 'B' 116 Nos.Rs. 273.70 lakhs2.Construction of houses under Chhend Housing Scheme, Ph. III, Stage 'A' at Rourkela (HIG 'B' - 267 Nos.) Rs. 396.03 lakhs.Item No. 1 of the aforesaid work is described as Group I and item No. 2 as Group II hereinafter for the sake of convenience. The Government in the Housing and Urban Development Department, in its letter No. 14867/HUD dated 15-5-1995 at Annexure-4 allotted Group I of the work to M/s. B.P.R. and Co., oppposite party No. 4 in O.J.C. No. 3509 of 1995, and Group II of the work to M/s. Orissa Construction Corporation Ltd. ('O.C.C. Ltd.' for brief), opposite party No. 4 in O.J.C. No. 3510 of 1995. The petitioner G.K. Pasayat being aggrieved by such allotment of work to M/s. B.P.R. and Co. and O.C.C. Ltd. has filed the aforesaid writ petitions for quashing of the same.

(3.) Factual matrix :Pursuant to the tender call notice (Annexure-1), the petitioner submitted his tenders in two separate covers, one for pre-qualification bid and the other for the item rate bid, along with eight others including M/s. B.P.R. and Co. and O.C.C. Ltd. On consideration of the pre-qualification bids by the Orissa State Housing Board, opposite party No.1 (hereinafter referred to as 'the Housing Board'), the petitioner was found to have necessary qualifications and was declared qualified for consideration of item rate bids. According to the petitioner, M/s. B.P.R. and Co. had not completed any building project costing Rs. 1.50 crores per year during the last three years. Similarly, O.C.C. Ltd. had not executed any civil work (building work) of more than Rs. 1.50 crores for which neither of them was qualified for being considered to the item rate bids. It is his specific case that the Housing Board waived both the pre-conditions, (i) the tenderer should be special class contractor registered under the State P.W.D./C.P.W.D.M.E.S. O.S.H.B. and / or other Central Government Organisations and (ii) must have successfully completed building project costing Rs. 1.50 crores per year during project costing Rs. 1.50 crores per year during the last three years, and considered all the nine cases for item rate bids. Accordingly, on 12.4.1994 the tenderes were opened and the petitioner's tender was found to be the lowest.