LHAKPA TRADING AGENCY Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) By means of this writ petition, the petitioner seeks to challenge the tender process that was initiated vide Annexure P/2 e-advertisement dated 03.07.2013. The work involved is construction of road from 3.00 KM point of Hunli-Anini BRO Road to Abrango under Prime Minister Gram Sadak Yojna (PMGSY). The bid opening date was specified as 26.07.2013 at 11 AM. Standard Bid Document (SBD) was to be downloaded w.e.f. 04.07.2013 upto 25.07.2013 (4 PM). It was also specified that during the period of 04.07.2013 to 14.07.2013 (4 PM), clarification could be obtained. Bids was to be submitted during the period from 15.07.2013 to 25.07.2013 (4 PM). According to the petitioner, the respondents arbitrarily modified the existing criteria and added new qualifying criteria at the stage of online uploading of the scanned bid documents which were never mentioned under the SBD. As a result, the petitioner could not participate in the bidding.

(2.) Referring to various clauses of the tender documents, it is the case of the petitioner that due to non-fulfilling the modified and fresh criteria, the bid documents of the petitioner was not accepted by the web-page of the computer and hence it could not participate in the e-tendering process.

(3.) Counter affidavits have been filed by the official as well as the private respondents. In the affidavit filed by the official respondents, the aforesaid plea of the petitioner has been denied. In paragraph 6, 7 & 9 of the affidavit, it has been stated thus:-