ASHOK THAKUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present writ petition under Article 226 of the Constitution of India praying for quashing of the cancellation order Annexure P-18 and Notice inviting re-tender Annexure P-20 and also for deleting the pre-qualification Condition No.28.2.b contained in the tender document.

(2.) The facts, in brief, may be noticed as follows: the respondent No.3 on behalf of the Government of Himachal Pradesh invited the item rate bids for the construction of works namely Construction of Link Road NH-70 Kaloor to Kohla-Nadaun Amtar Bilvkaleshwar road K.M. 0/0 to 10/360. (SH: 5/7 meter wide formation cutting, C.D. work, providing & laying G-1, G-II, G-III and tarring, Parapets and V-Shape drain in KM 0/0 to 10/360) under NABARD RIDF-XVIII) with estimated cost of '4,31,92,012/-. In all six contractors participated in the tender process. It is averred that the technical bid was to be opened online on 05.09.2013 at 11.00 AM as stipulated and the financial bid was opened on 11.09.2013 at 11.00 AM. The petitioner was the lowest bidder who had submitted the bill at '3,99,99,230.54 p. Whereas Shri Gian Chand, respondent No.4, was the second lowest bidder at '4,10,25,600.89 p and Shri Deepak Joshi, respondent No.5, was the fifth lowest bidder at '4,75,44,687.30 p.

(3.) It is also averred that on opening of the technical bid on 05.09.2013, the eligibility information submitted by all the bidders was opened and scrutinized by the Evaluation Committee headed by the respondent No.3 Executive Engineer and the information pertaining to all the bidders was available online in the website of the respondent HPPWD. It is further pleaded that the financial bid was opened after five days on 11.09.2013 by the respondent No.3 and in between five days, no objection of any sort qua the eligibility of the petitioner was raised otherwise or in writing made to the respondent No.1 to 3 by any participating bidders. It is pleaded that after the financial bid was opened and the petitioner emerged to be the lowest bidder and successful in the tendering process, the petitioner was declared successful bidder by the respondent No.3, who intimated the same to the petitioner through system generated text message sent to the petitioner.