SPORTINA EXIM PVT LTD Vs. WAPCOS LTD

JUDGEMENT

(1.) Case has been heard through video conferencing on account of COVID-19 Pandemic.

(2.) The petitioner has filed this writ petition under Article 226/227 of the Constitution of India challenging the action of respondents in rejecting its technical bid vide E-mail dated 27.4.2021 (Annexure P-8) in respect of project for laying of synthetic hockey turf and allied works at SAI, STC, Hazaribagh (Jharkhand). Prayer has also been made for quashing of letter dated 28.4.2021 (Annexure P-12) and for issuance of writ of Certiorari for quashing of the offending clause 3(j) of Section-II read with Form-C (Annexure P-1) appended with e-tender document. The petitioner also made prayer that necessary direction be given to the respondents to consider his price bid.

(3.) A few facts relevant for the decision of this case as narrated in the petition may be noticed. The petitioner is a private limited company having its registered office in Mumbai. The respondent No.1-WAPCOS Limited is a Public Sector Undertaking under Ministry of Jal Shakti having its registered office in Gurugram (Haryana). On 15.3.2021, respondents invited tenders from experienced contractors/bidders having prescribed technical and financial credentials for laying of synthetic hockey turf and allied works at SAI, STC, Hazaribagh (Jharkhand). In response to same, the petitioner submitted its bid, online. Thereafter respondents sought clarification from the petitioner vide E-mail dated 12.4.2021 (Annexure P-6) regarding declaration given by it in Form-C with regard to no previous history of blacklisting. The petitioner gave reply dated 14.4.2021 (Annexure P-7), whereby it clarified its position regarding the same. On 27.4.2021 vide (Annexure P-8), the petitioner was informed that its tender has been rejected during technical evaluation by the Committee for the reason "technically not qualified". However, no specific reason was given by the respondents for the same. The respondents opened the financial bid on 28.4.2021 and on the same day they sent letter (Annexure P-12) to the petitioner regarding the exact reason for rejection of his bid. The petitioner has assailed the aforesaid actions of the respondents being illegal and contrary to the principles of natural justice.