L N INFRASTRUCTURE & CONSTRUCTION PVT LTD Vs. ODISHA STATE POLICE HOUSING & WELFARE CORPORATION LTD AND ANOTHER

JUDGEMENT

(1.) The opposite party-Odisha State Police Housing & Welfare Corporation Ltd. had issued a tender call notice on 20.04.2017 inviting tenders for various works. The last date of submission of the tenders was 06.05.2017. The petitioner had submitted his tender within the stipulated time, for construction of certain quarters and composite electrical works. The technical bids of the bidders were opened on 09.05.2017 as per the schedule. At the time of opening of the technical bid, it was found that the bid of the petitioner was rejected on the ground:

(2.) We have heard Shri P.C. Nayak, learned counsel for the petitioner as well as Shri G.P. Dutta, learned counsel for the opposite party and perused the record. Pleadings between the parties have been exchanged and with consent of learned counsel for the parties, this writ petition is being disposed of at this stage.

(3.) The submission of learned counsel for the petitioner is that even though at the time of submission of the documents and evaluation of the technical bids on 09.05.2017, the license submitted by the petitioner was technically invalid as the condition in the license was that the same would become invalid if permit/certificate of any of the staff becomes invalid and admittedly, as per the document/licence submitted by the petitioner, the permit/certificate of two of the staff, namely, S. Parija and S.K Hota had already expired on 11.06.2016 and 31.07.2016 respectively, but learned counsel for the petitioner contends that on the very next day i.e. on 10.05.2017, the petitioner had submitted renewed permit/certificate of the staff and, as such, the licence of the petitioner-firm ought not to have been treated as invalid. In support of his submission, learned counsel for the petitioner relies on Clause-22.1 of the detailed tender call notice relating to clarification of bids, which reads as under: