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2019 DIGILAW 1881 (HP)

Kulwinder Singh v. State Of H P

2019-12-09

JYOTSNA REWAL DUA, L.NARAYANA SWAMY

body2019
JUDGMENT L. Narayana Swamy, C.J. - It appears that a Tender Notification was published on 05.03.2019 for construction of 11 number of houses, 5 number of pots in social housing colony at Una vide Annexure P-1 and the last date for submitting the applications was 19th March, 2019. The petitioner submitted his on-line application and complied with the requirements of Tender Notification. However, it is the case of the respondent that the petitioner failed to supply the Bid Capacity Certificate, he was, thus, disqualified. Hence, the petitioner has approached this court by way of instant writ petition. 2. Learned Senior Counsel appearing for the petitioner submits that requirement of furnishing of Bid Capacity Certificate does not arise since the petitioner is working for the respondentDepartment only and the Bid Capacity Certificate and necessary particulars are with them. Under these circumstances, he was under a bonafide belief that requirement of furnishing of Bid Capacity Certificate was to be dispensed with for him. It is further submitted that the petitioner is the lowest tenderer and since he has satisfied all the requirements, he was under impression that his case would have been considered by respondent No.2. Contrary to the same, the tender application of the petitioner has been rejected for non-supply of Bid Capacity Certificate. 3. Learned Senior Counsel for the petitioner further contended that respondent No.3 has not furnished the Bid Capacity Certificate alongwith tender application and under these circumstances, his tender application should have also been rejected. On acceptance of the tender application of respondent No.3, the petitioner raised objection of non-supplying of Bid Capacity Certificate by him. He further submits that as per the Tender Notification last date for submitting the application was 19.3.2019, whereas the Bid Capacity Certificate produced by respondent No.3 is subsequent to the date and that itself proves beyond doubt that his application was defective one. Thus, the action of respondents No.1 and 2 in accepting the tender application of respondent No.3 and rejecting the application of the petitioner is arbitrary and the same deserves to be quashed and set aside. 4. On the other hand, learned counsel appearing for respondent No.2 supports the action of respondents No.1. Thus, the action of respondents No.1 and 2 in accepting the tender application of respondent No.3 and rejecting the application of the petitioner is arbitrary and the same deserves to be quashed and set aside. 4. On the other hand, learned counsel appearing for respondent No.2 supports the action of respondents No.1. He submits that it is an admitted case of the petitioner that he has not furnished the Bid Capacity Certificate alongwith the tender application and since respondent No.3 has furnished the same, though subsequently, his application has been considered. 5. We have heard learned counsel for the parties and also gone through the record. 6. The Tender Notification was issued on 05.03.2019 and the period which was mentioned in the Tender Notification was 120 days, which has almost come to an end. Since respondents No.1 and 2 have not awarded the contract to respondent No.3 and rejected the case of the petitioner on the ground that he has not submitted the Bid Capacity Certificate and as per the submission of the petitioner, respondent No.3 also furnished the Bid Capacity Certificate subsequent to the last date of submitting the tender application, we feel it appropriate that instead of setting aside the entire proceedings the petitioner be permitted to furnish the Bid Capacity Certificate within a period of two weeks from today. Ordered accordingly. Thereafter respondents No.1 and 2 shall reconsider the cases of the petitioner and respondent No.3 and pass appropriate orders/award to award the contract to a suitable person within a period of four weeks. 7. Pending application(s), if any, also stand(s), disposed of. Copy dasti.