MATESHWARI CONSTRUCTION COMPANY Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner essentially being aggrieved with the condition of experience specified in e-tender dated 15.01.2018 (Annexure-8) issued by Principal General Manager Telecom District Udaipur of Bharat Sanchar Nigam Limited in respect of Optical Fiber Cable Construction work for National Optical Fiber Network Project.

(2.) It is specified in the e-tender document that the bidder should have an experience of successfully execution of Under Ground (UG) cable and its associated works (Development / Maintenance / Pole Less works) / trenching, laying of OF cable and its other associated works (Development / Maintenance works) for amounting as per given below and clarified / mentioned in Para 7(B) of Section-IV count the total experience in any three Financial year / Calender year / agreement year during last 10 (ten) years (up to date of NIT) in BSNL / MTNL / DOT / TCIL / ITI / any department of central Government or its PSU like railways, defence, military, oil companies.

(3.) The contention of learned counsel for the petitioner is this that respondent-BSNL has earlier issued e-tender in the year 2017 for Udaipur Zone and other Zones for similar type of works, however, in the said tenders the bidder was required to have experience of completion of OFF/Local Cable Work during any three financial year / calender year / agreement year of last 7 (seven) years in DOT / BSNL / MTNL / PSU / VSNL / Government departments or any licensed telecom service provider for costing at lease 33% of tender amount up to the date of NIT. It is also contended on behalf of the petitioner that in the e-tender issued in January 2018 for Jaipur Zone, Ajmer Zone and Jodhpur Zone for similar type of works, the bidder was required to have experience of lesser works.