GOUSIA FAYAZ Vs. SKIMS

JUDGEMENT

(1.) The petitioner in this petition is seeking issuance of writ in the nature of Mandamus directing the respondents to issue works contract of sanitation of SKIMS Medical College Hospital, Bemina, in his favour on the plea of having been declared as successful / lowest tenderer in the tendering process, and for declaring the condition contained in letter dated 12.06.2013 issued along with the Tender Notice, that tender fee of Rs.2,000.00 for downloaded tender documents should be within 03.07.2013, as ancillary / non-essential condition, and that the respondents be directed to waive off the said condition.

(2.) The case of the petitioner, as put forth in the writ petition, is that respondents issued Notice no. SKIMS-MC-04 of 2013 dated 12.06.2013, appended as annexure 'E' to the petition, inviting tenders for allotment of contract of sanitation of SKIMS Hospital, Bemina, Srinagar, for one year. The last date for receipt of tender documents was fixed as 06.07.2013 up to 3 PM and the date of opening was fixed as 08.07.2013 at 2 PM. According to the petitioner, the tender fee prescribed for the tender documents was fixed at Rs.2,000.00 and the earnest money in the shape of CDR as Rs.1,00,000.00. It is the further case of the petitioner that he downloaded the tender documents from the net and submitted his tender on 06.07.2013 alongwith earnest money of Rs.1,00,000.00 as CDR as also Bank Draft of Rs.2,000.00. On opening of the tenders, the petitioner was declared as the lowest and, therefore, a successful bidder.

(3.) The grievance of the petitioner is that the work is not being formally allotted to him and that he is being told that along with the Tender Notice a letter dated 12.06.2013 had been issued which provided that the tender fee of Rs.2,000.00 should be in the shape of Bank draft to be deposited within 03.07.2013.