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2019 DIGILAW 3004 (RAJ)

Power Solar v. State of Rajasthan

2019-12-14

PUSHPENDRA SINGH BHATI

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JUDGMENT Pushpendra Singh Bhati, J. - As per Rajasthan High Court Rules, an advance copy was served upon Shri Pankaj Sharma, learned Additional Advocate General, to appear on behalf of the respondents and he appears accordingly. 2. This Court on finding the issue critical, due to the limited time directed Shri Pankaj Sharma to assist the Court on merits, upon which he provided necessary assistance. 3. The petitioner has preferred this writ petition under Article 226 of the Constitution of India claiming the following relief :- (a) The respondents may kindly be directed to relax the condition of having Electrical Contractor Licence for the Established Entrepreneur for Tender, and accept the petitioner bid for the tender. (b) The respondents may kindly be directed to take appropriate actions regarding the extending the online submission of tender bidding date for one month. (c) The respondents may kindly be directed to allow the petitioner to became eligible for the technical bid and shall not be disqualified in want of Electrical Contractor License. (d) The respondents may kindly be directed to allow the petitioner by undertaking to furnish Electrical Contractor License within one month or prior to opening of price bid." 4. The respondent no.2 issued a notice inviting tender for the works of design, supply, installation, testing, commissioning of Grid Connected Rooftop Solar Photovoltaic Power Project under "Roof Top Solar Power Generation Scheme 2019-20" and the tender documents contained all the terms and conditions including, the schedule of dates etc. 5. The petitioner is aggrieved by the requirement of having "Electrical Contractor License" mentioned in "Section-6, Part-A "Pre-Requisites and Proposal Evaluation". As per Established Entrepreneur, condition no.(VI) the Bidder is required to have Electrical Contractor License of any State across India. 6. Counsel for the petitioner, after consultation with husband of petitioner (present in court), submits that he is giving up his claim on merits regarding waiver of Electrical Contractor License condition and emphasizes only on the fact that the petitioner Firm is an ISO 9001:2015 Firm having core team of eight engineers empaneled with Bureau of Energy Efficiency (BEE) and the name of petitioner's Firm is mentioned at Sr. No.16, having turnover of more than 4 Crores in last three years, which shows petitioner's efficiency and prominence regarding completion of contract and fulfilment of other required conditions. No.16, having turnover of more than 4 Crores in last three years, which shows petitioner's efficiency and prominence regarding completion of contract and fulfilment of other required conditions. As per counsel for the petitioner, list of Bureau of Energy Efficiency is Annex.10 to the writ petition, which is a list of 27 Energy Service Companies (ESCOs) empaneled with Bureau of Energy Efficiency (BEE) with its validity till May 20th, 2021. 7. Counsel for the petitioner, after giving up his claim to get the condition waived, submits that looking into profile of the Company, the petitioner may be given some time to fetch Electrical Contractor License. Counsel for the petitioner further submits that he does not seek to delay time-frame given by the respondents vide Annex.8. 8. Mr. Pankaj Sharma, learned Additional Advocate General, appearing for the respondents submit that Rajasthan Renewable Energy Corporation Limited is having a "Rooftop Solar Power Generation Scheme", which is critical to the development of solar power, and that any intervention of this Court would delay the process of implementing the scheme, which shall be determental to the cause of solar energy in the State of Rajasthan. 9. Counsel AAG also submits that, though, the credentials of the petitioner is good, but unless the petitioner qualifies the basic requirement, no opportunity to participate in the process inquestion can be granted. 10. After hearing counsel for the parties and seeing record of the case, this Court finds that since the petitioner has given up his claim to challenge the condition of possessing Electrical Contractor License and also undertakes before this Court that he shall furnish the Electrical Contractor License within the time-line given in Annex.8, provided he is given opportunity to participate in the process in-question within the time frame for opening the tender. 11. This Court is inclined to make interfere only to the limited extent of enabling the petitioner to participate in the process inquestion. This Court also takes note of the strong credentials of the petitioner's Firm, which is reflected in Annex.10 to the writ petition, which is a list of 27 Energy Service Companies (ESCOs) empaneled with Bureau of Energy Efficiency (BEE) with validity till May 20th, 2021. 12. This Court also takes note of the strong credentials of the petitioner's Firm, which is reflected in Annex.10 to the writ petition, which is a list of 27 Energy Service Companies (ESCOs) empaneled with Bureau of Energy Efficiency (BEE) with validity till May 20th, 2021. 12. Thus, in a very limited intervention, the respondents are directed to allow the petitioner to participate in on-line submission of the tender on 16.12.2019, strictly in accordance with law if he is otherwise fulfilling all the necessary conditions with the exception of having Electrical Contractor License as per the undertaking given by counsel for the petitioner that he shall accept ousting of his candidature if he is not able to furnish the required Electrical Contractor License before 03:00 pm by 19.12.2019. The respondents are directed to take the Electrical Contractor License on record, if furnished by the petitioner before 03:00 pm by 19.12.2019 in offline mode. 13. It is also made clear that the respondents shall continue with their process while ignoring the requirement of Electrical Contractor License on 3:00 pm uptill 19.12.2019, and in case the same is not provided in time, as mentioned above, consideration of the petitioner shall be discontinued. 14. It is further made clear that in case the petitioner as per his own undertaking, fails to provide Electrical Contractor License by 3:00 pm on 19.12.2019 in off-line manner to the requisite Authority, then its candidature shall automatically stand cancelled at 3:00 pm on 19.12.2019; no further right shall accrue to the petitioner as he has already given up his claim on merits to challenge the condition in-question and he shall not breach or violate the time-line given by Annex.8 dated 28.11.2019 and his assurance that he shall not challenge such ouster which shall operate against him. 15. With the aforesaid observation the writ petition stands disposed of. This order shall be qua the present petitioner only.