JYOTISH TALUKDAR Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) Heard Mr N.S. Deka, learned Counsel for the Petitioner and also Mr K.K. Mahanta, learned Sr. C.G.S.C. who appears on behalf of the Respondents.

(2.) Present writ petition under Article 226 of the Constitution has been filed by the Petitioner Sri Jyotish Talukdar. Petitioner happens to be the proprietor of M/s Ganesh Electric Stores which is a registered proprietorial firm dealing in electrical contracts. M/s Ganesh Electric Stores happens to be a registered Class 1(A) contractor as well as an approved contractor of CPWD, NF Rly, MES etc. An advertisement was issued by the Executive Engineer of the Gauhati Electrical Division No. 1 CPWD on behalf of President of India for pre-qualification from approved and eligible contractors of CPWD and appropriate class of MES, Rly P and T, State PWD and from manufacturers etc having experience in similar works. The work which was to be done was residential, non residential building for NIPCCD at Guwahati (S.H.) providing an installation of 11KV Sub-station equipments). The advertisement was published in various newspaper including Daily Agradoot dated 27.7.98. Various pre-requisite qualifications were laid down in the said advertisement including past experience of the contractor in the completion of similar work of about 80% of the desired work. The willing parties were also required to furnish attested copies of latest income tax clearance certificate. Copies of the award letter and certificate of satisfactory completion of the works done by them. Petitioner's allegation is that he applied for issuance of the tender form and complied with all the requirement. Six other parties also applied. Though tender form was issued to others but it was not issued to the Petitioner on the ground that the Petitioner did not fulfil the requisite qualifications which were laid down as the pre-requisite qualifications for issuance of tender form.

(3.) The names of the parties to whom the tender forms were issued by Respondents on their alleged satisfaction of the pre requisite qualifications have been given in the statement which has been filed as Annexure 2 to the affidavit in opposition of the Respondents. At page 13 of the said affidavit at SI. Nos. 7 and 8 names of Electro Dynamics and Electrokings firms are mentioned. From perusal thereof the allegations made by the Petitioner about these two firms is fully substantiated. Petitioner has filed an application with the Executive Engineer inviting his notice to the issue of tender form to M/s Electro Dynamics Firm though that firm had not made any application pursuant to the issue of the advertisement. He also pointed out that another party namely M/s Electrokings also did not fulfil the pre-requisite qualification still were issued tender form. No reply was received by the Petitioner from the Respondents to his above mentioned letter hence he approached this Court by means of this writ petition.