JUDGMENT :

S.G. Chapalgaonkar, J.

The petitioner, partnership firm approaches this Court under Article 226 of the Constitution of India with following prayers :-

A. To quash and set aside the tender summary report showing the petitioners bid as being "not admitted:fee/ PreQual/Technical" updated on 06.01.2023, by issuing a writ of certiorari or any other direction, writ or order as the case may be;

B. To direct the respondent No.2 to open the financial bid of the petitioner along with other successful bidders, for e-tender B-2 notice no.LTR-2/11/2022-23 for Construction of Railway over bridge Ahmedpur Shirur (Tajband) Udgir Road, on SH 249, Km. 1/200 near Malkapur on Udgir By-pass road, Tq. Udgir, Dist. Latur, by issuing a writ of mandamus or any other direction, writ or order as the case may be;

2. The petitioner avers that the tender notice dated 20-10-2022 was issued by respondents for construction of railway over bridge, Ahmedpur-Shirur (Tajband) - Udgir Road, on SH 249, Dist. Latur with an estimated cost of Rs. 28.00 crores and 24 months period of execution of work .

3. The tender notice prescribes qualifying criteria in clause (4). The clause 4.2 provides for the information and documents to be included with the bids in section (2). The sub clause (b) and (c) states as under :-

(b) Total monetary value of construction work performed for each of the last Seven years;

(c) Experience in works of a similar nature and size for each of the last Seven years and details of works underway or contractually committed and clients who may be contacted for further information on those contracts;

4. The clause No. 4.4 reads as under :-

4.4 A. To qualify for award of the contract, each bidder in its name should have in the last Seven years as referred to in Appendix.

(a) Achieved a minimum annual financial turnover during any last seven years (in all classes of civil engineering, construction works only) of value not less than Rs.1078.88 lakhs in any one year. In support of this, scanned copy of annual Audit report certified by Chartered Accountant should be produced.

(b) Satisfactorily completed any civil work (from start to finish) during last seven years. It should have been commissioned and completed during last seven years i.e. 2015-2016, 2016-2017, 2017-2018, 2018-2019, 2019-2020, 2020-2021, 2021-2022 of at least:-

i. Three similar works each having minimum estimated cost of Rs.1150.80 Lakhs at price level 2022-23.

or

ii. Two similar works each having minimum estimated cost of Rs. 1438.51 Lakhs at price level 2022- 23.

iii. One similar work of value not less than Rs.2301.61 Lakhs at price level 2022-23.

(Financial turnover and cost of completed works of previous years shall be given weightage of 10% per year based on Rupee Value to bring them to 2022-23 price level.)

4. The petitioner in compliance with the aforesaid condition submitted the work completed/in hand certificate as under :-