CUBE CONSTRUCTION ENGINEERING Vs. STATE OF J&K

JUDGEMENT

(1.) Rural Development Plan initiated by the Government of India also provide for construction of roads in rural areas through a scheme popularly known as "Prime Minister's Gramin Sadak Yojna (PMGSY)" for which the funds are released by the Central Government and the works are executed by the State Government through Chief Engineer PMGSY of the concerned jurisdiction. In the instant case concerned is the Chief Engineer, PMGSY, Jammu who has issued notice inviting tenders from eligible bidders for construction of road from Dera Baba to Tanda in Reasi Division, Package No.JK14-128 for an estimated cost of Rs.342.30 lacs. Petitioner has also responded to the said notice and has submitted the requisite technical bid as well as financial bid and has also submitted Bank Guarantee No.100 for Rs.6.86/ lac issued by the J&K Bank, SMGS Branch Jammu, as requisite earnest money deposit.

(2.) The technical bids, as were received, are stated to have been opened, in front of the bidders, on 25.06.2010 by the staff of the Chief engineer, PMGSY, Jammu, same were placed before the tender committee, as constituted by the Chief Engineer, for proper evaluation. Petitioner has been given to understand that his technical bid will be rejected on the ground that he does not qualify the requirement as envisaged in condition No.4.4A(b) of the Standard Bidding Document (hereinafter referred to as SBD), hence the present petition, wherein issuance of appropriate writ, direction or order has been prayed for i.e.:

(3.) In the reply, as filed by the respondents, it has been stated that the petitioner is not an eligible bidder as per the conditions laid down in NIT and the Competent Authority, upon due consideration, has declared the bid of the petitioner as non-responsive. It is also stated that pendence of the writ petition has hampered the process aimed at providing road connective to needy population. The bid of the petitioner has been stated to be non-responsive on the following counts: