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2022 Supreme(Pat) 740

CHAKRADHARI SHARAN SINGH, MADHURESH PRASAD
Amrit Raj Construction – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: Mr. Dhananjay Kumar.
For the Respondents: Mr. Satya Vrat.

Chakradhari Sharan Singh, J.—Before referring to the relief, which the petitioner, is seeking, in the present writ application, it is apt to briefly take note of the facts of the case.

2. A Notice Inviting Tender (‘NIT’ for short) was issued vide No. ET/RWD-DBG1/STATE SCHEME-06/2021-22 for construction of High Level RCC Bridge across Bagmati river between Panchaya Ratanpur Ghat and Trimuhan Ghat by the Executive Engineer, Rural Works Department. The petitioner had submitted his tender pursuant to the said notice. The petitioner’s technical bid was found responsive initially. Subsequently, however, in a re-meeting of the Technical Bid Committee, held on 24.03.2022, based on a complaint filed by one of the unsuccessful bidders, the petitioner’s technical bid was rejected on the ground of disqualification. The said rejection of technical bid by order dated 24.03.2022, is under challenge in the present writ application. Petitioner’s technical bid was rejected with reference to Clause 4.8 of the Instructions To Bidders (ITB ‘for brevity’) of the Standard Bidding Document (SBD for brevity). Clause 4.8 of the ITB reads as under:—

“4.8 Even though the bidders meet the above qualifying criter

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