JUDGMENT : With consent of the parties, this petition is disposed of at the admission stage. This petition has been filed under Article 226 of the Constitution of India for seeking a prayer that the respondents not to debar the petitioner from accepting his tender papers on the ground of the Character Certificate. In substance, the petitioner has claimed that he is a registered class-II Contractor in the Department of Irrigation, Government of Jharkhand and a process for inviting the tenders for the construction work was invited during the year 2006-2007 and the petitioner participated in the said tender process and he submitted his tender and his tender was rejected on the ground of non-submission of the Character Certificate issued by the Deputy Commissioner of the concerned district. Hence this writ petition is preferred. The respondents filed a counter affidavit and they have stated that the petitioner has not been debarred from the work on the ground of his non-submission of Character Certificate and there is absolutely no intention of being denied work to the petitioner at any time or in future on this ground. It is further alleged in the counter affidavit that the petitioner participated in two tenders but the petitioner was not allotted the work because of this reason that the petitioner has some pending works in his name in the Irrigation Division, Barharwa and he was not found competent in view of Annexure-A & B of the counter affidavit and after assessing the entire process, the contract was not awarded to the petitioner and some other persons were awarded the said contracts. I have heard both the parties and perused the record. Learned counsel could not demonstrate by filing any document that he has been debarred from awarding the work only due to non-submission of the character certificate issued by the Deputy Commissioner whereas the respondents submitted the comparative chart of assigning the contracts for granting the work, which has been assigned to the other contractor on merit of individual basis. The learned counsel for the respondents also submitted that the petitioner would not be debarred on the basis of the character certificate; if he would fulfill all the criteria laid down by the respondents he would be awarded the work on fair assessment and evaluation of the Tender as he is a registered contractor with them.
The learned counsel for the respondents also submitted that the petitioner would not be debarred on the basis of the character certificate; if he would fulfill all the criteria laid down by the respondents he would be awarded the work on fair assessment and evaluation of the Tender as he is a registered contractor with them. The court can not assess the decision of the respondent to award the contract to other person on merit. The merit can only be examined if mala fide of the respondents had been pleaded and proved. The petitioner has not pleaded the mala fides in taking the decision regarding awarding the work to the contractors. In view of the above, I do not find any ground to interfere with the tender process and as the respondents stated, that the petitioner was not debarred from assigning his work for non-submission of Character Certificate but it was assigned on the merit. As such, this petition is devoid of merit and liable to be dismissed. Accordingly, this petition is dismissed. No order as to cost.