VINOD KAPIL Vs. BHARAT SANCHAR NIGAM LIMITED

JUDGEMENT

(1.) THE petitioner has challenged the rejection of his technical bid by respondent No. 2 on the ground that the experience certificate, Annexure P -2, which was submitted by the petitioner pursuant to notice inviting tender (for short NIT), Annexure P -1, was not in accordance with the mandatory conditions of the NIT. Respondent No. 2 had invited tenders vide Annexure P -1, in which one of the mandatory conditions was:

(2.) THE time, date and place of submission of bid was 13.00 hrs. on 29.11.2011 in the office of DGM (T)), Madhav Kunj, Good Wood Estate, Bharari Road, Shimla 171001. The time, date and place of opening of the technical bid was on 14.00 Hrs on the same date and at the same place. Thereafter the time, date and place of opening of Financial bid have been fixed at 14.00 hrs. on 5.12.2011. The petitioner pleads that he had submitted his bid along with Annexure P -2, which is the certificate issued to him by Divisional Engineer, Telecom, Project B.S.N.L., Dharamshala certifying that he had looked after and executed satisfactorily the OF cable trenching/laying works. The certificate reads:

(3.) IN the rejoinder filed by the petitioner, he pleads that the certificate has been issued by the Divisional Engineer Telecom Projects, B.S.N.L., Dharamshala and the same is in accordance with mandatory requirements of Annexure P -1. Learned counsel appearing for the petitioner also placed reliance upon, Annexure P -3, which is the partnership deed entered into between Sh. Sudershan Sharma and the petitioner on 12.1.2011. Learned counsel submits that the conditions of the partnership deed are absolutely clear and one of the works to be executed inter alia include (i) Telephone Exchange Khairian, to Dehra Telephone Exchange, (ii) Km 37 to Chauntra Telephone Exchange, (iii) Bangana Telephone Exchange to UHF Tower Piplu and other works also as detailed therein. He submits that Certificate was issued by the Divisional Engineer, Telecom Project BSNL, Dharamshala, who actually satisfied with the work which is apparent and evident from the plain reading of the certificate itself. Learned counsel also submits that this certificate has been issued by the Divisional Engineer, Telecom Project BSNL, Dharamshala stating that the petitioner was authorized Partner of Sh. Sudershan Sharma which fact also corroborated by the partnership deed.