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2022 DIGILAW 487 (CHH)

Saikripa Enterprises v. State Of Chhattisgarh

2022-11-07

ARUP KUMAR GOSWAMI, SANJAY AGRAWAL

body2022
ORDER : Arup Kumar Goswami, J Heard Mr. Ashutosh Shukla, learned counsel, appearing for the petitioner. Also heard Mr. Vikram Sharma, learned Deputy Government Advocate, appearing for the respondents. 2. The respondent No. 4 issued a notice inviting tender (for short, the NIT) dated 27.05.2021 inviting tenders from reputed manufacturing companies and/or their authorised dealers for supply of equipments/ materials under the head of District Mineral Institute Trust in District Hospital, Korba. It was indicated therein that it was essential for the authorised dealer to attach the authorisation letter alongwith the application form to obtain the tender document. Tender document could be obtained from 01.06.2021 on payment of Rs. 2,000/-. The last date for submission of the tender was 01.07.2021. 3. The petitioner obtained tender document by submitting an authorisation letter on 15.06.2021 and thereafter, submitted his tender within the specified time. The tender was called for in two envelopes: one containing the technical bid and the other containing the financial bid. 4. The date of opening of technical bid was postponed from time to time and ultimately, it was opened on 15.03.2022. However, the technical bid of the petitioner was refused to be opened on the ground that the petitioner-firm was not eligible to submit tender. 5. It is alleged in this petition that the respondents No. 3 and 4 have taken a partisan attitude in order to grant allotment of tender in favour of their blue-eyed tenderer. Accordingly, a complaint was lodged by the petitioner before the respondent No. 2 on 15.03.2022. Subsequently, by letter dated 17.03.2022, the petitioner was informed by the respondent No. 4 with regard to his complaint dated 15.03.2022 that an objection was submitted in writing by one tenderer - M/s. Himalaya Health Care, Raipur in respect of the issuance of tender document to the petitioner as well as M/s. Friends Agencies, Korba. It was stated therein that in the authorisation letter submitted by the petitioner firm, the equipments/materials sought to be supplied was not mentioned and that there was a mistake on the part of the employee in issuing the tender form to the petitioner, and in that circumstance, the purchase committee decided not to open the tender of the petitioner. 6. An elaborate stand is taken by the respondents in their reply to which a rejoinder is filed by the writ petitioner. 7. Mr. 6. An elaborate stand is taken by the respondents in their reply to which a rejoinder is filed by the writ petitioner. 7. Mr. Shukla submits that when the NIT dated 27.05.2021 did not specifically indicate the items for which the same was issued, it is preposterous to refuse to open the tender of the petitioner on the ground that the petitioner had not furnished authorisation letter in respect of the items to be procured. 8. Mr. Sharma, learned Government Advocate draws our attention to clause 10 of the NIT to contend that in respect of the items for which the tender is issued, the intending tenderer must have authorisation letter in respect of those items. 9. Translated version of the NIT dated 27.05.2021 reads as follows: “Tenders are being invited for supply of equipments/materials at District Hospital, Korba, Chhattisgarh, under the head District Mineral Institute Trust, from the reputed manufacturing companies and their authorised dealers. The tender document can be obtained from the Store Branch of the District Hospital, Korba, on the working days from 01.06.2021 on an application and on payment of Rs.2,000/- per tender document, in the payment counter of the District Hospital, Korba. In case of being an authorised dealer, it is mandatory to enclose authorisation letter of the Company alongwith the application. 01. Opening date of receiving tender form – Date 01.06.2021 at office hours. 02. Last date of receiving tender form – Date 30.06.2021 at 05:00 pm. 03. Last date of submitting tender form – Date 01.07.2021 at 2:00 pm. 04. Date of opening of the tender – Date 01.07.2021 at 04:00 pm” 10. On a specific query of the Court as to whether contents of the NIT including clause 10 was in public domain, he fairly submits that only after application is accepted and tender form is issued, the tenderer can come to know about the detailed terms and conditions of the NIT. 11. Having noticed the NIT dated 27.05.2021 and upon hearing the learned counsel appearing for the parties, it becomes evident that the respondents have put the cart before the horse. Even without disclosing the items to be procured, without any justification, the petitioner is sought to be ousted at the threshold from consideration of his technical bid on a non-existent ground. Having noticed the NIT dated 27.05.2021 and upon hearing the learned counsel appearing for the parties, it becomes evident that the respondents have put the cart before the horse. Even without disclosing the items to be procured, without any justification, the petitioner is sought to be ousted at the threshold from consideration of his technical bid on a non-existent ground. The action taken by the respondents No. 3 and 4 and the purchase committee do not commend for our acceptance. In the matter of distribution of State largess, it is expected that the State authorities act in an open, transparent and fair manner and not in the way in which the present exercise has been carried out. 12. In that view of the matter, the writ petition is allowed. The respondents are directed to open the technical bid of the petitioner and thereafter to take the tendering process to its logical end in accordance with law.