VILLAYATI RAM MITTAL Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER , pursuant to pre -qualification tender notice invited by J&K State Power Development Corporation for specified works of the Parnai Hydel Power Project, Jammu tendered documents on set pre -qualification prescribed form. Petitioner alleges that a complete set of papers with required information and other quatification criteria was sent to respondents in March, 2002 received by respondent No. 2 on 16 -03 -2002. In the meanwhile, respondents issued corrigendum dated: 02 -03 -2002 extending finally last date of receipt of tenders to 04 -04 -2002 and prescribed date of opening tenders as 05 -04 -2002 (Annexure -D) or any subsequent convenient date. On 02 -03 -2002 itself addendum to eligibility criteria regarding the qualification for tendering various works of Parnai Hydel Power Project. Jammu was also issued {Annexure -E). It among other things provided for a Joint Venture, with Electro Mechanical partner with further condition that such E & M partner should have executed E & M portion of work at least of two Hydel Power stations of more than 40 MW.

(2.) PETITIONER supplied information and proof thereto in May 2002. The contract Committee met on 03 -06 -2002 to finalize pre -quatification tenders of the project. The committee found only 3 bidders have quanlified for the price bid. The petitionerâ„¢s representation to J&K PDC that the petitioner a Joint Venture between two entities made to the grade of pre -qualification tender stage was rejected on the ground that these parties have failed to fulfill eligibility criteria in full on the date of submission of tenders Petitioners aggrieved by this decision of the Contract Committee (Annexed -A) has challenged it in this petition on number of grounds pleaded.

(3.) RESPONDENTS have also filed objections at this pre -admission stage. Their case is that as the petitioner at the time of submission of his tender is pre -qualification bid failed to produce the proof of Joint Venture with E & M partner and criteria thereto, therefore, petitionerâ„¢s pre -qualification bid was rejected by the Committee. The certificate produced in May, 2002, after the cut of and last date of submitting she tender papers could not be considered. The addendum dated: 02 -03 -2002 to the initial pre -qualification tender notice is part of the lender notice, it had been widely published as part and parcel of the NIT in question and the pre -qualification criteria provided therein is part of the tender. Petitioner having failed to produce the proof of eligibility of Joint Venture with the E & M partner before the due and last date of pre -qualification bid viz,. 04 -04 -2002, cannot question the decision of the contract committee of rejecting his pre -qualification bid. No right of petitioner has been violated. No. 489/02 for the relief to force the respondents to maintain status -quo with regard to issuance of tender documents (price bids) till the final disposal of the writ petition. While issuing notice in the main matter learned vacation Judge passed the following interim direction in the matter on 24 -06 -2002. "Notice Notice in the CMP also. In the meanwhile, respondents are directed to maintain status -quo with regard to issuance of tender documents (Price bids), till objections are filed and considered. Amendment/alteration on motion." The brother Vacation Judge again on 28 -06 -2002 modified and clarified order as under: - "Mr. Z.A. Shah CMP has been submitted with the prayer that status quo order passed on 24 -06 -2002 has been issued with regard to issuance of tender notice and as the tender notices/documents have already been issued, the actual prayer of the petitioner is with regard to receipt of the tender documents. Perused the entire record.