LAWS(RAJ)-2008-8-24

PROMUK HOFFMAN INTERNATIONAL LTD Vs. STATE OF RAJASTHAN

Decided On August 12, 2008
PROMUK HOFFMAN INTERNATIONAL LTD Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) SINCE common questions of fact and law are involved in these two writ petitions, therefore, both have been clubbed, heard and are being decided together.

(2.) BY S.B. Civil Writ Petition No. 3134/2006, the petitioner has challenged the validity of the order dated 10.4.2006 (Anx. 11) by which the respondent No. 2 has disqualified the petitioner from participating in the financial bid. The petitioner company has prayed for production of the entire record of the said Bid and notice for invitation of bid for High Security Registration Plates (in short `HSRP') and quashing of the said order dated 10.4.2006 with the further prayer that the direction be issued to the respondents to treat the petitioner company as qualified and simultaneously allow it to take part in further process of tender. The petitioner company has also prayed that the respondents be restrained from proceeding further in the tender process by awarding the contract to any other party and issuing the Letter of Intent in favour of any party.

(3.) THE respondents have filed reply to the writ petition and referred to the amended Rule 50 of the Rules, Motor Vehicles (New High Security Registration Plates) Order, 2001 (in short `Order 2001') purported to be issued in exercise of the powers under sub section (3) of Sec. 109 of the Central Motor Vehicles Act, 1989; the guidelines dated 6.3.2002 and the mandatory requirement of the tender condition 2.19.2 to substantiate their submission stated in the reply that the petitioner company was not found to be technically qualified in evaluation process as it was not fulfilling the experience of working in the field of high security registration plates in minimum number of four countries having used at least one of the security features as mentioned in Rule 50 of the Rules and Order, 2001. Otherwise, also, the experience certificates were not duly issued by the user agency/authority in English language. THE respondents have also stated in their reply that the certificates of Pakistan, Russia, Germany, Israil and Estonia were not in conformity with the aforesaid mandatory requirement and the certificates of Malta and Peru were found in order. THE mandatory requirement of the tender condition No. 1.6 is that the experience certificate should have been given by the user agency/authority of at least four countries whereas the petitioner company was having experience certificates from two countries only.