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2016 DIGILAW 3359 (PNJ)

DP Caterers, Mukerian v. State of Punjab

2016-12-02

AJAY KUMAR MITTAL, SNEH PRASHAR

body2016
JUDGMENT : AJAY KUMAR MITTAL, J. 1. In this writ petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of mandamus directing the official respondents to award the adhoc contract for Hostel Mess at Meritorious School, Ferozepur to the petitioner in pursuance to the notice dated 27.9.2016 (Annexure P-1) or to award the regular contract for the said mess. 2. A few facts necessary for adjudication of the instant writ petition as narrated therein are that in the meritorious residential schools, poor students who have passed the Matriculation Examination from Government Schools in the State of Punjab and have scored more than 80% marks are admitted to 10+1 and 10+2 classes in Non-medical, Medical and Commerce stream and they are provided free education, lodging/boarding, books, stationary and uniforms. On 4.8.2014, six meritorious schools started functioning in the State of Punjab at Amritsar, Bathinda, Jalandhar, Ludhiana, Patiala and Mohali and each of these schools has about 800 students. Thereafter, in September, 2015, the meritorious schools at Talwara, District Hoshiarpur, Gurdaspur, Sangrur ad Ferozepur started functioning and has now about 80 students. All the schools are 100% residential and affiliated to the Punjab School Education Board and 70% of the students are girls. The Additional Deputy Commissioner (General), Ferozepur vide quotation notice dated 27.9.2016 (Annexure P-1) invited sealed quotations for award of adhoc contract of Hostel Mess for the students of the meritorious school at Ferozepur. The petitioner is engaged in the business of catering and was issued the experience certificate dated 10.10.2016 (Annexure P-2) by SD Sarvhitkari Vidya Mandir (Senior Secondary), Sector 2, Talwara, District Hoshiarpur. In response to the quotation notice, Annexure P-1, the petitioner submitted its quotation in the office of respondent No.4 quoting the rate of Rs. 118/- per day per student to provide breakfast, lunch, dinner, morning tea and evening tea with snacks. The bids were to be opened on 5.10.2016 at 3 PM and the proprietor of the petitioner was present on the said date in the office of respondent No.4 but the quotations were not opened on that day which were later on opened on 26.10.2016. After opening the sealed quotations, the petitioner was found the lowest eligible person. The bids were to be opened on 5.10.2016 at 3 PM and the proprietor of the petitioner was present on the said date in the office of respondent No.4 but the quotations were not opened on that day which were later on opened on 26.10.2016. After opening the sealed quotations, the petitioner was found the lowest eligible person. But instead of awarding the adhoc contract for running the Hostel Mess at Meritorious School, Ferozepur to the petitioner being the lowest bidder, the same was awarded to respondent No.6 who quoted the rate of Rs. 121.51 per day per student as compared to Rs. 118/- per day per student quoted by the petitioner. The petitioner moved a representation dated 31.10.2016 (Annexure P-3) to the Additional Deputy Commissioner (General), Ferozepur for awarding the contract in its favour, but no response has been received till date. Hence, the present writ petition. 3. After hearing learned counsel for the petitioner, we do not find any merit in the writ petition. 4. A perusal of narration of facts shows that the Additional Deputy Commissioner (General), Ferozepur vide quotation notice dated 27.9.2016 (Annexure P-1) invited sealed quotations for award of adhoc contract of Hostel Mess for the students of the meritorious school at Ferozepur. In response thereto, the petitioner submitted its quotation mentioning the rate of Rs. 118/- per day per student to provide breakfast, lunch, dinner, morning tea and evening tea with snacks. Besides the petitioner, respondent No.6 also submitted its quotation. The official respondents after evaluating the respective bids and keeping the totality of facts and circumstances into focus, awarded, the adhoc contract for running the Hostel Mess at Meritorious School, Ferozepur to respondent No.6. It was within the domain of the respondents to have award the contract in the best interests of the school. The decision taken by the respondents has not been shown to be suffering from any arbitrariness or malafides. Further, no letter was issued to the petitioner awarding contract in its favour and, therefore, no legally enforceable right had accrued in favour of the petitioner. 6. The Supreme Court in Jagdish Mandal v. State of Orissa and others (2007) 14 SCC 517 had held that the contract is a commercial transaction. Evaluating tenders and awarding contracts are essentially commercial functions. Principles of equity and natural justice stay at a distance. 6. The Supreme Court in Jagdish Mandal v. State of Orissa and others (2007) 14 SCC 517 had held that the contract is a commercial transaction. Evaluating tenders and awarding contracts are essentially commercial functions. Principles of equity and natural justice stay at a distance. If the decision relating to award of contract is bona fide and is in public interest, courts will not in exercise of power of judicial review, interfere even if a procedural aberration or error in assessment or prejudice to a tenderer is made out. The power of judicial review will not be permitted to be invoked to protect private interest at the cost of public interest, or to decide contractual disputes. 7. Learned counsel for the petitioner could not point out any illegality or perversity in awarding the adhoc contract for running the Hostel Mess at Meritorious School, Ferozepur to respondent No.6 warranting interference by this Court under Articles 226/227 of the Constitution of India. Consequently, finding no merit in the writ petition, the same is hereby dismissed.