Rajasthan Human Care Foundation, Jaipur v. State of Rajasthan
2021-10-04
DINESH MEHTA
body2021
DigiLaw.ai
JUDGMENT 1. Mr. Bharat Vyas, learned senior counsel invites Court's attention towards the minutes of the meeting of the Technical Evaluation Committee dated 25.8.2021 and points out that the petitioner's bid was found technically responsive for NIT No.1/2021-22, 3/2021-22, 5/2021-22 and 6/2021-22. 2. He submits that thereafter, vide order dated 6.9.2021 the Director singularly proceeded to declare the petitioner to be non-responsive bidder. 3. It is asserted by the petitioner that after 25.8.2021, neither any meeting of the Technical Evaluation Committee was convened nor the respondents have uploaded minutes of any such meeting on the official website. 4. The petitioner has approached this Court with the grievance that once the Technical Evaluation Committee has declared the petitioner to be technically successful bidder, the Director cannot singularly (without calling any meeting) overrule the decision of the Committee and declare the petitioner's bid to be non-responsive. 5. In response to Court's query of remedy of preferring an appeal under Section 38 of the RTPP Act, learned senior counsel relies upon the judgment of the Hon'ble Supreme Court rendered in the case of Tata Celular v. UOI & Ors. (1994) 6 SCC 651 6. The matter requires consideration. 7. Issue notice. Issue notice of the stay application also, returnable on 27.10.2021. 8. Till then, the respondents shall not finalize the financial bid and issue work order in relation to NIT Nos.1/2021-22; 3/2021-22; 5/2021-22 and 6/2021-22.