PELE KHEZHIE Vs. STATE OF NAGALAND

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been filed by an unsuccessful tenderer so as to challenge the Work Order No. NLD/RMSA/NIT/2010-11 dated 07.01.2013, issued by the State Mission Director, Nagaland, Kohima (Annexure-F), whereby the work for construction of school buildings in the district of Kohima has been awarded to the respondent No.4.

(2.) Gist of the case is that a short notice inviting tenders (briefly 'NIT') was floated on 13.12.2012 inviting tenders for construction of 67 Government High Schools at various locations in eleven districts of Nagaland. For the district of Kohima five firms had submitted their tenders and three firms were disqualified in the technical bid. Hence, the tenders of the petitioner and that of the respondent No.4 remained for consideration in the financial bid. As per the NIT the firms were supposed to quote the rates on percentage basis, i.e. above, below or at par with the NPWD Schedule of Rates of 2010 (in short 'SOR 2010).

(3.) On the basis of the decision of the Tender Committee the concerned department has issued the work order to the private respondent vide impugned Order dated 07.01.2013, which is under challenged in this writ petition.