VARINDERA CONSTRUCTION LTD Vs. CHANDIGARH HOUSING BOARD

JUDGEMENT

(1.) This petition seeks quashing of order dated 8.12.2009 Annexure P-6 whereby tender of the petitioner was rejected on the ground that documents of 'Financial Bid' were placed in the envelope marked 'Eligibility Documents' while according to the tender conditions, the same were required to be kept in a separate envelope.

(2.) Case of the petitioner was that it gave its bids in pursuance of Tender Notice Annexure P-1 but by mistake 'Technical Bid' was put in cover "Financial Bid" and vice versa. It was rectified at the time of opening of 'Technical Bid'. Though the bid of the petitioner was decided to be considered but on a complaint by respondent No.5, said decision was reviewed and the Housing Board decided to reject bid of the petitioner. In reply filed by the Housing Board, this fact is admitted. The stand of the Housing Board is as under: -

(3.) That as per established procedure, the matter was placed before the Post Qualification Sub-Committee for evaluation and finalization of the pre- qualifications of all the eight agencies including the petitioner. The said Committee in its meeting held on 17.9.2009 scrutinised the eligibility documents of all the applicants. After due deliberation, the Committee recommended only six agencies including the petitioner for construction of the aforesaid flats. A copy of the minutes of the meeting is attached as Annexure R-2 for the kind perusal of this Hon'ble Court. It may be added that the letter Annexure R-1 received from M/s. Girdhari Lal Constructions Ltd. was considered by the aforesaid Committee in its meeting held on 17.9.2009. The Committee found the contention of the said firm to be not tenable since the requisite documents were submitted by the petitioner at the time of the opening of Technical Bid.