MUKESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner being the Director of a private Limited Company, namely, Arya Toll Infra Ltd., challenging the legality and validity of decision of the Technical Evaluation Committee dtd. 28/7/2018 whereby and whereunder the Technical evaluation Committee has rejected the technical bid of the petitioner on account of non-submission of the following documents, either online or hard copy, as required as per the tender document:-

(2.) The petitioner has further challenged the legality and validity of letter dtd. 3/8/2018 issued by the Office Superintendent, Danapur Cantonment Board, whereby and whereunder the rejection of the technical bid of the petitioner by the Technical Evaluation Committee has been justified by stating that the hard-copy of the document could also have been submitted in the office of Cantonment Board.

(3.) The brief facts of the case, according to the petitioner, are that an E-Tender dtd. 2/7/2018 was notified on the Website of Danapur Cantonment Board, for collection of license fee on entry of Commercial vehicles at the pre-designated entry points in Danapur Cantonment. The petitioner had purchased tender documents from the office of the respondents and after properly going through the same, prepared all required documents and uploaded the same on the stipulated dates on the link available on the Website within stipulated time. On 28/7/2018, it came to the knowledge of the petitioner that the technical bid submitted by the petitioner has been rejected by the Technical Evaluation Committee and on the same day, financial bid submitted by the private respondent no.6 has been accepted and the Technical Evaluation Committee has declared him as a H1 Bidder.