ROHTASH KUMAR Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) Petitioner a partnership firm duly registered under the Indian Partnership Act with the Registrar of Firms and Societies, Kurukshetra and carrying on business in the name and style of M/s Rohtash Kumar and Company has invoked the extra ordinary jurisdiction conferred upon this Court by virtue of Article 226 of the Constitution of India challenging the order dated 20.06.2018 whereby the technical bid offered by the petitioner for handling transport contract was rejected. A further writ of mandamus has been claimed to command respondent No.2 for considering the technical bid offered by the petitioner and to permit to participate in the tender process by opening the financial bid offered by it.

(2.) Facts necessary for adjudication of the controversy raised can be summarized in brief as under:-

(3.) On 20.06.2018, the petitioner received an e-mail from respondent No.2 informing that he is disqualified for violating clause 21 of the NIT and clause 3(ii) of Model Tender Form (for short hereinafter referred to 'MTF'). For ready reference, the aforesaid e-mail received by the petitioner is extracted hereunder:-