YADAV ASSOCIATES Vs. STATE OF RAJ. AND ORS.

JUDGEMENT

(1.) BOTH these writ petitions have been filed by M/s. Yadav Associates, a partnership firm which is a registered contractor with the Government of Rajasthan and raises common question of law and facts hence decided by this common order.

(2.) RESPONDENT No. 2, Additional Chief Engineer, Water Resources Zone, Government of Rajasthan, Jaipur invited online tender vide tender notice published in daily newspaper dated 22.8.2013 for grant of contract for renovation of river training works, strengthening of banks of Roopa Rail River and restoration of Jaisamand feeder. The last date of submission of tender was 30.9.2013 and opening of tender proposal was 30.9.2013. The petitioner submitted online application before 30.9.2013 and also deposited the required technical bid and financial bid. The petitioner is aggrieved by condition No. 3.2(b), by which he was held to be non -responsive on account of breach of tender condition No. 3.2(b) which reads as under: -.

(3.) THE learned counsel for the respondents submitted that the experience of the petitioner in four different works cannot be combined as that would be going against the condition of NIT which requires that the applicant "shall have successful experience as prime contractor in completing at least one contract of a nature and complexity comparable to the proposed contract within last five financial years".