R D CONSTRUCTION Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an intra-court appeal filed by the writ petitioners of WP(C) 6145 of 2013 under Rule 2(3) of Chapter V-A of the Gauhati High Court Rules against the order dated 31.01.2014 passed by the learned Single Judge in abovementioned writ petition.

(2.) By impugned order, the learned Single Judge dismissed the appellant's writ petition and declined to grant any relief claimed in the wit petition So the short question, which arises for consideration in this appeal is whether learned Single judge was justified in dismissing the appellant's writ petition?

(3.) The appellant (writ petitioner) pursuant to one advertisement issued by the State for "up-gradation of Raidang Kamar Gaon Road" submitted their tender along with others. One of the eligibility conditions for submission of the tender was that every tenderer must file documents along with their tender to prove that they had done similar kind of work successfully in past. The appellant filed documents along with their tender to prove this fact. The state (concern authorities ) examined the documents with a view to find out as to whether the appellant had done similar type of work in past to enable them to qualify for submitting the tender for the work in question and having examined the issue came to a conclusion that the work which the appellant claimed to had done in the past was not similar in nature to the work for which the tenders had been invited and therefore they were held ineligible to submit the tender for the work in question. Their tender was accordingly rejected on this ground, viz., that they did not fulfill one of the essential condition of the tender.