Point of Law: Tender - Eligible for participating and opening of price bid in tender proceeding - Respondent-State acted in extending undue favour to respondent No.6, which made the decision making process to be erroneous.

JUDGMENT :

Parth Prateem Sahu, J.

1. Challenge in this writ petition is to the declaration of respondent No.6 to be eligible for participating and opening of price bid in tender proceeding bearing Notice Inviting Tender ('NIT') No.183/G/2020-21 dated 17.08.2020 (Tender No.67223) along with petitioner and one another, declaring respondent No.6 to be 'L-1 and not considering the representation submitted by petitioner and taking appropriate action on it against respondent No.6.

2. Case of the petitioner is that, 4th respondent had issued Tender Notice bearing NIT No.183/G/2020-21 dated 17.08.2020 (Tender No.67223) for the work of “W.M.M. & B.T. PATCH REPAIR, DRAIN AND SHOULDER REPAIR OF VARIOUS ROAD OF SUB-DIVISION NO.2 BILASPUR (HEAD QUARTER BILASPUR 1, 2 AND BELTARA SECTION) UNDER DIVISION NO.1 BILASPUR”. The bid submission start date as mentioned in the tender document was 17.08.2020. Bid submission due date (online) was 07.09.2020. Last date for physical submission (EMD and affidavit in Envelope A) by speed post or Registered post was 09.09.2020 and bid opening date was scheduled on 10.09.2020. Three bidders participated in the tender proceeding i.e. petitioner, respondent No.6 and Saurabh Mishra, submitted their documents as per terms and conditions mentioned in tender document. Bidding system was a two envelope system. The documents were to be submitted for techno-commercial in 'Envelope-A' and price bid in another envelope. After evaluation of techno-commercial bid, all the three bidders (petitioner, respondent No.6 and Saurabh Mishra) have been declared to be qualified. On 07.10.2020, price bids of all the three participants were opened, in which, respondent No.6 has been declared to be 'L-1'. Petitioner immediately submitted representation before the 4th respondent mentioning therein that details mentioned in document certified by Executive Engineer and submitted by respondent No.6 to be not correct. Respondent No.6 gave false information of having Hot Mix Plant since last two years as on 01.04.2020, as required under Clause 9 of the tender document along with other ground that under Annexure-1 & 2 bidders are required to submit certified copies of work order to be issued by Engineer In-charge not below the rank of Executive Engineer, but respondent No.6 has only submitted the certificate and not certified copy/copies of work order, but even then, respondent No.6 has been declared to be eligible and his price bid was opened. When no action was taken on representation dated 09.10.2020 by respondents, petitioner has filed instant writ petition initially with following reliefs :

“10.1 That, this Hon'ble Court may kindly be pleased to issue appropriate writ/order/direction and direct Respondents No.1 to 5 to disqualify the Respondent No.6 to participate in the bidding process of NIT No.183/G/2020-21 dated 17/08/2020 (Tender No.67223) [Annexure P/1];

10.2 That, this Hon'ble Court may kindly be pleased to issue appropriate writ/order/direction for cancellation/ rejection of the technical bid of the Respondent No.6 for the Tender No.67223 and consequences thereof;

10.3 That, this Hon'ble Court may kindly be pleased to grant any other relief as it may deems fit and appropriate.”

3. During the pendency of writ petition, petitioner amended the grounds and relief clause of writ petition and further sought for following reliefs :

“10.2.1 That, this Hon'ble Court may kindly be pleased to issue appropriate writ(s)/order(s)/direction(s) to declare petitioner successful bidder (L-1) and direct respondents to issue work order of the work in NIT dated 17/08/2020 to the petitioner;

10.2.2 That, this Hon'ble Court may kindly be pleased to issue appropriate writ(s)/order(s)/direction(s) to hold that the conduct of the Respondent No.5 suffers from malafide and was only done to only done to give illegal favoritism to the Respondent No.6;

10.2.3 That, this Hon'ble Court may kindly be pleased to issue appropriate writ(s)/order(s)/direction(s) to constitu