P.C.ANAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner is a A Class contractor with the Himachal Pradesh Public Works Department, having executed number of works of buildings and roads from time to time. His registration is also valid upto 31 -3 -1994, as per memorandum dated 6 -7 -1992, issued by respondent No. 3.

(2.) Through the present petition, the petitioner seeks quashing of Annexures PC and PN issued by respondents Nos. 1 to 3, for reasons being recorded in the later part of this judgment.

(3.) Respondent No. 2 floated a notice inviting tenders for the work of strengthening of Chandigarh -Mandi -Manali Road N H. 21, Km. 156/750 to 178/500 (SH i providing 75 mm thick bitumen macadam with seal surfacing in Km 156/750 to 178/500). The estimated cost of this work, according to the second respondent, was Rs. 1,26,23,319, and earnest money was Rs. 20,000 and the time for the completion of the work was two years, This notice is dated 29 -9 -1992 (Annexure -PC). The third respondent again issued notice inviting tenders (Annexure -PN). This included all the terms and conditions of earlier tender notice (Annexure -PC). The petitioner further states that he had been undertaking similar jobs with estimated costs similar to those as detailed in Annexure -PC as well as subsequent tender notice for the same job. In Bilaspur Divisions Nos. I and 2, he tendered in response to notice inviting tenders and the value of these tenders was almost identical, though it may be that these works were not allotted to him since his tender was second lowest but he was, however, allowed to participate in tenders of almost similar estimated value. The petitioner had also undertaken the job of strengthening this very highway at different places and the aggregate value of these works was more than rupees one crore and he has necessary ability and experience to execute such works and the same is very much clear from the certificates issued to him by the Public Works Department. 4 The further case of the petitioner is that in accordance with the guidelines for submission of pre -qualification of tenders, identical instructions have been issued by the Chief Engineer (South) and also by the third respondent (Annexure -PL). In accordance with Clause !0, pre -qualification of tenders is invited from appropriate category of contractors, limiting the sale of tenders to such contractors or similar nature within the last five years and whose aggregate value being not less than 50 per cent of the amount being put to tender. In accordance with the Government of India, Ministry of Surface Transport, Road Wing, letter dated 16 -9 -1991, tender documents for local competitive bid for execution of road and bridge work on National Highways and Centrally sponsored Scheme Mobilisation advance to contractors, relevant Clause 4 is to the following effect; "