PARDEEP KUMAR SHARMA Vs. STATE

JUDGEMENT

(1.) THE petitioners are A -Class Contractors duly registered with the Public Works Department. The registration of the contractor is regulated under the provisions of J&K Registration of Contractors Act, 1956 and the Rules namely, J&K Registration of Contractors Rules, 1969 framed under the aforesaid Act. The registration is periodically renewed for each financial year on payment of requisite fee as prescribed under rules. The registered A -Class Contractor is entitled to execute all works costing more than Rs. 2.00 lacs in terms of SRO 232 dated 29.05.1984.

(2.) THE grievance of the petitioners as projected in this petition relates to the conditions incorporated in the Notice Inviting Tenders issued by the Chief Engineer, PW (R&B) Department, Jammu vide his No. 10317 dated 25.08.2004 whereby tenders have been invited for different works as enumerated therein. As many as 15 works have been put to tender for execution. Besides other stipulations NIT also contains stipulation for costs of documents in respect to different works on the basis of its estimated value. There is also a condition whereunder award of contract can be made in favour of pre -qualified bidders. The conditions relevant for the purpose of present petition and impugned in this petition are extracted from the tender document and noticed hereunder:

(3.) TO qualify for award of contract each bidder should have in the last five years: