MINI CONSTRUCTION Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for setting aside the decision of the respondents of accepting the technical bid of the respondent No. 6 as valid and declaring it as L-1. The petitioner has also prayed for restraining the respondents from allotting the work in question to the respondent No. 6 and also to hold the petitioner technically qualified and direct the respondents to allot the work in question to the petitioner.

(2.) The petitioner has challenged the decision of the respondents mainly on the ground of violation of the terms of the bid published by the National Highway Project, Government of Jharkhand being Bid No. 02/2010-11 dated 16.12.2010 for widening two lane and improvement in KM 25.6 to 79.147 of NH 98 (Patna, Aurangabad - Chhattarpur - Parwa More Road) in the State of Jharkhand under LWE scheme for a value of Rs. 5233.80 Lacs (Annexure - 1).

(3.) The petitioner contended that the said tender was to be decided in two parts, technical bid and then financial bid. According to the terms of the NIT, in order to qualify for financial bid / price part, the tenderer had to qualify in technical bid. Altogether eleven tenderers participated in the said tender by submitting their offers on 27.1.2011. All technical bids were opened on 14.2.2011. In support of the prescribed minimum qualification / experience, the respondent No. 6 had submitted the certificate dated 10.12.2008 issued by the National Highways Authority of India.