P. L SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Out of two participating bidders, technical bid of the petitioner was turned down as non-responsive and that of private respondent No.5 was held to be conforming to the Standard Bid Document. Financial bid of respondent No.5 was opened on 19.03.2020. Feeling aggrieved, petitioner has moved the instant writ petition.

(2.) Respondent No.3 through an e-Procurement notice dated 17.01.2020, invited tenders for "Up-gradation of Dhelu to Bhatehar road Km. 0/0 to 13/400 (L-029) under Regular PMGSY II for the year 2019-20 (Package No.HP-08- 428) (Sub Head:- ROFD, C/o retaining walls, breast walls, Crate walls, construction of missing cross drainage work, Providing and laying GSB, metalling and tarring, Cement concrete pavement road side drain, road side parapets, W-Metal Beam crash barriers, PMGSY information board, sign boards kilometre stones, 200 mtr. RD stones etc. including five year routine maintenance)". Online bids could be submitted by 26.02.2020. The project was sanctioned by the Ministry of Rural Development, Government of India, under the Pradhan Mantri Gram Sadak Yojna ('PMGSY' in short), Rural Road Project-II and is financed by the World Bank.

(3.) The arguments raised by learned Senior Counsel for the petitioner can be broadly considered under following main points:-