PRADIP DUTTA Vs. AIRPORTS AUTHORITY OF INDIA

JUDGEMENT

(1.) Heard Sri PD Nair, learned counsel for the petitioner and Sri R Dubey, learned counsel for respondent Nos.1 to 5 and Sri MP Goswami, learned counsel for respondent No.7. None appears for the respondent No. 6.

(2.) Pursuant to a Tender Notice No.VP-11/2015, issued by the Airport Authority of India (for short, the AAI) for grant of licence of 'vehicle parking rights at the city side of terminal building' at Lokapriya Gopinath Bordoloi International (for short, LGBI) Airport for a period of 3 years, the petitioner had participated in the tender process. It is the case of the petitioner that as per Clause 15 of the notice inviting tender, scanned copies of all documents are to be uploaded by the tenderer, including the sign and seal of the authorized signatory, which should be clearly visible/readable. As per the said clause in case any of the documents uploaded by the tenderer is not visible to the tender opening committee, such document shall not be considered for technical qualification. Along with the writ petitioner, respondent No.6 and respondent No.7 had also submitted their tendered bids by following the process of uploading the bid in the website of the AAI.

(3.) It is the submission of Sri Nair that when the tenders were obtained on 15.12.2015, the representatives of the petitioners could see that the balance sheet and stamp of the chartered accountant in respect of the document submitted by respondent Nos.5 and 6 were not clearly legible. Further in respect of respondent No.6., the service tax registration certificate did not bear the sign of the issuing authority. Hence it is the case of the petitioner that the illegible documents submitted by respondent No.6 is contrary to Clause 15 of the NIET and hence, the said document could not have been considered for technical qualification of the bid of the respondent No.6.