GA INFRA PRIVATE LIMITED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed assailing the legality and validity of the order dtd. 23/9/2021 passed by the second appellate authority whereby, the appeal preferred by the respondent No. 5 under the provisions of Rajasthan Transparency in Public Procurement Act, 2012 (for brevity-'the Act of 2012') against rejection of its technical bid, has been allowed.

(2.) Although, a number of prayers have been made in the writ petition; but, learned counsel for the petitioner confined his submissions qua relief No. 1 only and did not press the other reliefs.

(3.) The facts in brief are that the respondent No. 1 issued a Notice Inviting Tender (for short-'the NIT') No. 1/2021-22 for designing, providing, installation and commissioning of solar energy based borewell water pumping systems including comprehensive operation and maintenance for a period of seven years in various villages/towns of District Udaipur under PHED Region, Udaipur. It was a twin stage bid process, i.e., technical bid and financial bid. Total eight bids were submitted and the respondent No. 3, vide its letter dtd. 5/7/2021 found four bidders including petitioner as responsive whereas, bid of four bidders including respondent No. 5 was found to be non-responsive for the reasons stated therein. The first appeal preferred by the respondent No. 5 against the letter dtd. 5/7/2021 was dismissed vide order dtd. 14/8/2021; however, the second appeal has been allowed by the second appellate authority vide order dtd. 23/9/2021, impugned herein.