IMPORTANT POINT
The court's decision emphasized the importance of evaluating technical qualifications in the tender process and the need to address any mala fides or bias.

JUDGMENT :

Aggrieved by the order passed in Writ Petition No.100625/2023, the respondents No.1 and 2 therein have preferred Writ Appeal No.100566/2023 and respondent No.3 therein has preferred Writ Appeal No.100567/2023.

2. As both these writ appeals emanates from the same impugned order, they are taken up together and heard.

3. For the sake of convenience parties herein are referenced to as per their status in the writ petition.

4. The dispute pertains to awarding of two contracts in favour of respondent No.3 by respondent No.1 as mentioned below :

“Work-A:-(Tender Notice No.92/2022-23 dated 23.09.2022) pertains to providing Dam body grouting, PICC pointing to upstream side of piers, bay and non-spillway portion, treatment to contraction joints and reaming of porous and drainage holes of Drainage Gallery of TB Dam Right Side.

Work-B:- (Tender Notice No.93/2022-23 dated 23.09.2022) pertains to providing curtain grouting in Drainage Gallery for both Non-Spillway and Spillway portion form Ch,100’ to 3897.64’ providing pointing to downstream of spillway and non-spillway portions and improvements to electrical system at Tungabhadra Dam Right Side.”

5. The petitioner was also a bidder, whose bid has been rejected by respondent No.1. Aggrieved by the same, he preferred Writ Petition No.100625/2023. The petitioner alleged mala fides and favouritism in favour of respondent No.3 and contended that the petitioner has the necessary qualifications to make a bid for the tender works and on the contrary, respondent No.3 did not possess the necessary qualifications and inspite of it, respondent No.1 has awarded both contracts in favour of respondent No.3.

6. Per Contra, the respondents contended that the petitioner did not have the necessary qualifications and respondent No.3 possess all the required qualifications and respondent No.1 after following the due process has awarded the contract in favour of respondent No.3 in the manner known to law.

7. The learned Single Judge evaluated the terms of the tender insofar as it relates to the qualifications required by the successful bidder and came to the following conclusions :

“14. The qualification criteria for tender No.92 and tender No.93 is as under:

QUALIFICATION CRITERIA FOR OPENING OF PRICE BID - TENDER No.92/2022 (TENDER ID-546007):

To qualify for the award of the contract each bidder in its name should have, good experience in execution as original agency in similar works of Dam Safety Works i.e Construction or rehabilitation of Dam involving all ingredients viz Construction/ major repair of Masonry/ Concrete Dams/Barrages including upstream face pointing / drilling / grouting / Reaming of Porous and Drainage Holes / Treatment to Contraction Joints in State and Central Government or undertaking, during the last ten years specified i.e., the years 2012- 13 to 2021-22 financial years updated to 2022-23 (i.e., they should be immediately preceding the financial year in which tenders are invited), satisfying the qualification shown under para "Bid Capacity", only are eligible to tender.

(a) Satisfactorily completed as a prime contractor similar works of Dam Safety Works i.e. Construction or rehabilitation of Dam involving all ingredients viz Construction/ major repair of Masonry/ Concrete Dams/Barrages including upstream face pointing/ drilling/ grouting/ Reaming of Porous and Drainage Holes/Treatment to Contraction Joints value not less than Rs.7,20,37,795.50/- in any one year.

(b) Executed in any one year, the following minimum set of quantity of works in last ten years i.e., from 2012-13 to 2021-22.