SUDARSHAN KUMAR Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) CHALLENGE in the present writ petition is to the eligibility condition Nos. 15 and 16 contained in the e -tender notice dated 02.05.2015, whereby the petitioner is rendered ineligible for participation in the tender process.

(2.) THE petitioner is a Class A -1 Contractor having been granted license on 01.08.2014. The respondents published a tender notice inviting bids from the contractors for (i) repairing various Spurs, Studs and Revetment etc. in Panjgrain Complex, Singhoke Complex, Dharamkot Complex, Chaharpur Complex and Main FPE of various complexes of Amritsar Drainage Division on left side of river Ravi; and (ii) Repairing Spurs, studs and Revetment etc. in Sherpur, Kakkar Manj and Ranian Complex along left side of river Ravi. The estimated cost of the first project was Rs. 3.48 crores for which earnest money of Rs. 6.96 lacs was required to be furnished by the Contractors and Rs. 3.48 lac by the Labour and Cooperative Societies, whereas the estimated cost of the second project was Rs. 3.16 crores for which earnest money of Rs. 6.32 lacs was required to be furnished by the Contractors and Rs. 3.16 lac by the Labour and Cooperative Societies. The last date of submission of tenders was 15.05.2015. The technical bid was to be opened on the same day at 15.30 hours, whereas the financial bid was to be opened on 18.05.2015. The petitioner asserts that it has never been disqualified by the Irrigation Department, Punjab to execute the works. However, for the first time, conditions have been changed, which make the petitioner ineligible to participate in the tender process.

(3.) AS per the petitioner, condition Nos. 15 and 16 are illegal and arbitrary, but the petitioner restricted itself to challenge condition No. 16 alone at the time of arguments. The relevant conditions including condition No. 16 from the tender notice read as under: