SHREE ERCON PREFABS Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner, which is a Small Scale Industry registered with the Directorate of Industries Rajasthan holding Udyog Aadhar Number (UAN) issued by the Ministry of Micro, Small and Medium Enterprises, Government of India, manufacturing Prefabricated Structures, Accommodations, Porta Huts etc., has filed this writ petition being aggrieved with the communication/decision dated 10.02.2017 (Annexure-P/5) issued by the respondent Nos.2 and 3, whereby the technical bid of the petitioner, pursuant to the E-tender dated 29.12.2016 (Annexure- P/1) issued by respondent No. 2, was not accepted and the technical bid of respondent No. 4 was accepted.

(2.) Brief facts of the case are that the respondent No. 2 invited tenders for various products including Porta Huts vide E-tender (Annexure-P/1) dated 29.12.2016. The petitioner participated in this E-tender and filed its technical bid for supplying Porta Huts. The last date for submission of the E-Bid was 02.02.2017 and the bids were to be opened on 02.02.2017 at 4:00 P.M. As per the petitioner, it received an E-mail from the respondent No. 2 dated 06.02.2017 in the evening, which was opened by it in the next morning i.e. on 07.02.2017. In the said E-mail (Annexure-P/2), the petitioner was asked to submit scanned certificate of the Central Building Research Institute, Rurki (for short 'the CBRI' hereinafter) by 11:00 A.M. on 07.02.2017 in respect of insulated panels proposed to be supplied by the petitioner. The petitioner replied to the said E-mail on 07.02.2017 vide Annexure-P/3 and claimed that certificate from the CBRI can be filed only when the ordered material is manufactured as per the specification, meaning thereby that such certificate is not required to be submitted along with the Bid. In the said letter, the petitioner has also questioned the credibility of CBRI certification submitted by respondent No. 4 along with its bid. On 07.02.2017, vide another mail sent to respondent No. 2, the petitioner sent its certification of various parameters for tests performed on the panels manufactured by it from Bharat Sanchar Nigam Limited.

(3.) As per the petitioner, on 10.02.2017, it found a document duly digitally signed uploaded on the internet giving the decision of the Purchase Committee accepting the bid of respondent No. 4 and as per the same, except the bid of respondent No. 4, other bids were rejected. Being aggrieved with the action of the respondents of rejecting its bid, the petitioner has filed this writ petition seeking following reliefs: