ROYAL BNILLP Vs. UNION OF INDIA

JUDGEMENT

(1.) The extraordinary powers conferred by Article 226 of the Constitution of India is being sought to be invoked by means of filing this writ petition. The petitioners have put to challenge the action of the respondents-Railways in rejecting the Techno-Commercial bid of the petitioner no. 1 in connection with a Tender process initiated vide NIT dtd. 13/10/2022. The petitioners alleged that such rejection has been done in a most mechanical manner and without any application of mind which has caused immense legal prejudice to the petitioners. The petitioners further state that in a similar Tender, the petitioner no. 1, who had submitted the bid, was declared to be technically responsive. The petitioners have, accordingly prayed for interference by this court with the impugned action of the respondent authorities.

(2.) Before going to the issue which would require an adjudication, the facts of the case may be put in brief as follows.

(3.) The petitioner no. 1 is a Joint Venture of M/S Royal Infraconstru Ltd. and M/S BN Infraprojects LLP. The Joint Venture as well as the constituents of the same and the partners of the LLP are all arrayed as petitioners. It is the case of the petitioners that on 13/10/2022, the Railways had published an NIT for the work, namely, 'Construction of substructure and superstructure of Br. No. 184/A-1 of span 1x62.0m Bow String Girder + via duct 2x24.0m Composite Girder (ROB) at Chainage 162.562 Km (Over State Highways) between station Gauripur-Alamganj in connection with New Maynaguri-Jogighopa new B.G. Line Project of NF Railway'. The Tender process was a two bid one - Financial and Technical. The problem which had arisen concerns Annexure-V of the Tender Document. As per the footnote of the said Annexure-V, it has been stated that the Certificate was to be given by each member of the JV or partners of the partnership firm/LLP/ etc. It is the case of the petitioners that since the petitioner no. 1, which had submitted the bid, is a Joint Venture, the said certificate was given by both the members of the Joint Venture. As regards the constituent of the Joint Venture, namely, M/S Infraprojects LLP, Shri Babul, Nath had signed the said certificate. It is on this reason/ground that the Techno-Commercial bid of the petitioner no.1 has been rejected.