MANOJ KUMAR Vs. UOI AND ORS.

JUDGEMENT

(1.) Vide tender notice No.04 of 2015-16, respondent No.2, for and on behalf of President of India, has invited open tender on prescribed forms for the work as mentioned in the tender notice. Date and time of submission and opening of tender has been fixed as 29.01.2016, in the office of Dy CE/C/JAT or CAO/USBRL Satyam Complex, Trikuta Nagar Jammu Admittedly, amongst others petititoner and respondent No.4 have participated. It appears that the tenders submitted have been opened at both the places i.e. in the office of CE/C/JAT and CAO/USBRL Satyam Complex Trikuta Nagar. Respondent No.4 has been found to be lowest tenderer whereas petititoner has been found second lowest. Petititoner noticing the same position has filed the instant petition and so far as succeeded in halting the process.

(2.) Contention of the counsel for the petititoner is that the tenders were required to be opened at one place either in the office of Deputy CE or in the office of CAO as envisaged by the tender notice. The counsel for the respondents highlighted that the writ petititon is premature because the first step after tenders were invited has been taken by the tender opening committee by opening the tenders. Then the same committee had to submit its report to the evaluation committee and in turn evaluation committee had to submit its report to the tender accepting authority. It is only thereafter the final decision could be taken. Petitioner if at all had any genuine grievances, which he has not, should have represented before the authorities. In addition, submitted that the petititioner has been beneficiary of the same tendering process as was initiated in the year 2014-2015.

(3.) Learned counsel for the petititoner again submitted that in the tender notice of 2014-2015, it was envisaged that the tenders could be opened at both the places i.e. in the office of Dy CE and CAO whereas in the present tender notice for the year 2015-2016, it is envisaged that the submission and opening of tenders shall be either in the office of Dy CE or CAO. In short, he wants to project that when the word 'or' is used, it would mean that the tender had to be opened at one place.