UPENDRA JENA Vs. STATE OF ODISHA & OTHERS

JUDGEMENT

(1.) By way of this writ petition, the petitioner has challenged the action of the opposite parties whereby rejecting the lowest offer of the bid given the petitioner, the authority accepted the bid of opposite party no. 5.

(2.) Pursuant to the tender call notice under Annexure-2, the petitioner being eligible contractor with Class-B license applied for the work in question along with bid documents. The petitioner in course of argument drew our attention to the Details of the Documents to be Furnished for Bidding, which reads as under:

(3.) Learned counsel for the petitioner thus contended that although the language used in Clause-4 (supra) is 'shall', it should be read as 'may', since the petitioner is also required to file an affidavit regarding 'No Relation Certificate'. Thus, filing of separate certificate in Schedule-A is directory and not mandatory and the same can be given subsequently also. For our ready reference, format of certificate in Schedule-A is reproduced below: