ARVIND KUMAR TIWARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ petition, the petitioner has prayed for quashing the part of Tender Notice No. 1 of 2006 -07, contained in Annexure -6, issued by the Engineer -in -Chief, Drinking Water and Sanitation Department. Government of Jharkhand, Ranchi, inviting tender for construction of Tube well in various circles ' throughout the State of Jharkhand. The petitioner is particularly aggrieved by insertion of Clause 9 in the tender notice, whereby the registered contractors of the department, who are in the field for quite long period, are required to submit their working experience of the similar nature of work in one year for the last three years of equivalent value or more to the work value advertised, whereas the new entrants i.e., newly registered contractors have been exempted from furnishing any working experience.

(2.) IT has been stated that the work of several circles has been clubbed together by increasing the work value, so as to debar the local contractors of Palamau district from participating in the tender.

(3.) IT has been stated that in impugned tender notice (Annexure6), Clause 9 has been deliberately inserted to debar the local contractors and to favour the newly registered contractors, who have absolutely no experience of such nature of work in the department. It has been stated that no different criteria one for old contractors and another for new contractors in the matter of experience can be fixed and the new contractors cannot be favoured by exempting them from the requirement of submitting experience certificate and the same amounts to hostile discrimination against the experienced contractors of the department.