TRIDENT ENTERPRISES Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. K.N. Choudhury, learned Senior Counsel assisted by Mr. S. Bharali, learned counsel for the appellant as well as Ms. T. Khro, learned Senior Government Advocate, Nagaland representing Respondent Nos.1, 2, 3 and 4. Also heard Mr. N. Deka, learned counsel representing Respondent No.5.

(2.) This intra-Court appeal is directed against the judgment and order dt. 30.6.2018 passed in WP(C) 320(K)/2017, dismissing the writ petition filed by the present appellant.

(3.) Matter pertains to dispute over allotment of construction work of road from Capital T-01 to Kanjang under Package No. NG0502012, covering a distance of 38 kilometres under the Pradhan Mantri Gram Sadak Yojana (PMGSY). This package falls at Sl No.17 of the Notice Inviting Tender (NIT) dated 22.08.2017 which lists out total 19 packages. Time being of essence, the total duration for completing the works is 18 months. The bidders were required to submit percentage rate tenders, that is, the Schedule of Rates (SoR). Both the appellant M/s. Trident Enterprises and Respondent No.5 M/s. Nagaland Steel Engineering Works quoted the same rate i.e. "as per SoR 2017". The Tender Committee framed criteria for technical evaluation, complying with the Standard Bidding documents for PMGSY works. Whereas the technical evaluation at page 49 of the appeal memo shows the Respondent No.5 scoring over the appellant, a reverse position is shown at page 73 of the appeal memo. On 31.10.2017, the Chief Engineer, PWD (R&B) issued letter showing the appellant to be the qualified bidder, as adjudged by the Tender Committee, in respect of the aforesaid work under Sl. No.17 along with 3 other works. The Government of Nagaland in the Works and Housing Department, however, issued letter dated 13.11.2017 directing the Chief Engineer PWD (R&B) to maintain the list enclosed to the said letter 13.11.2017 for finalisation of PMGSY tenders. In the said list, the Respondent No.5 was shown as approved for allotment of work under Sl. No.17. Pursuant thereto, the Notice to Proceed with the work for construction of road from T-01 to Kanjang under Sl. No.17 of the NIT was issued in favour of the Respondent No.5 vide work order dated 21.11.2017. Aggrieved, the appellant instituted the related WP(C) 320 (K)/2017, which was dismissed by judgment and order dated 30.06.2018, prompting institution of the present appeal.