RAMA EXPOINVEST PVT.LTD. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) WHAT is under challenge in this petition is a stipulation in the impugned tender documents whereby the intending tenderers have been required to enclose with the tender documents, inter alia, Sales -tax clearance certificate of Jharkhand State alongwith various other certificates, such as Income -tax clearance and ISI certification etc.

(2.) THE grievance of the petitioner is that petitioner is not a dealer registered under the Bihar Finance Act, 1981, because it is not doing any business in the State of Jharkhand. Petitioners contention is that since it is doing business in Calcutta which is a place outside the State of Jharkhand, it is not required to obtain any Sales -tax clearance certificate from the State of Jharkhand. The aforesaid impugned stipulation in the tender documents to the effect that the tenderers irrespective of the place where they are doing business or carrying out manufacturing operations, have to obtain Sales -tax clearance certificate from the Jharkhand State has come in the petitioners way in submitting the tender documents which according to them clearly infringes the petitioners fundamental right guaranteed under Article 19(1)(g) of the Constitution of India.

(3.) IN the aforesaid backdrop, we find that the impugned stipulation has no nexus with the object sought to be achieved because admittedly the petitioner not being a dealer has not got himself registered as such under Section 14 of the Act. We also find that in the facts and circumstance of this case, the respondents do not appear to have indicated or spelt out any objective or purpose in making such a stipulation in the impugned lender documents. Admittedly and undoubtedly the respondent have not and rightly so shut out the manufacturers operating from outside Jharkhand State for refunding to the tender inquiry and for submitting their tender papers for supply of the goods for which tenders have been invited. If a manufacturer who is manufacturing goods outside the Jharkhand State is required to fulfil the terms and conditions of the tender Notice stipulating that he should obtain the Sales tax clearance from the Jharknad State, the very object of inviting the tender for supply of goods will be nullified and inosorated and such a tenderer thus will have to be kept outside and excluded from the process of consideration. The impugned stipulation, therefore, in the light of the fact that such a manufacturer has nothing to do with the sales tax authority of Jharkhand State seems to be totally unreasonable and irrational as it has no nexus with the object of the tender or the object to supply goods as per the tender notice.