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2022 Supreme(Chh) 75
HIGH COURT OF CHHATTISGARH, BILASPUR
ARUP KUMAR GOSWAMI, N.K. CHANDRAVANSHI, JJ.
Science and Surgical House - Appellant
Versus
State of Chhattisgarh and Ors. - Respondents
WPC No. 360 of 2022
Decided on : 10-02-2022
Advocate Appeared:
For the Appellant : Syed Imtiaz Ali, adv
For the Respondents: Astha Shukla, Akanksha Jain, adv
Compliance with tender requirements, including the submission of necessary certifications, and the accuracy of tender documents are crucial factors in determining entitlement to interim relief in tender processes.
Headnote:
Interim Relief - Tender Process - ISO 9001 Certification
Fact of the Case:
The petitioner sought interim relief to stay further proceedings regarding a Request for Proposal (RFP) for setting up vocational labs in schools. The petitioner's bid was rejected due to shortcomings, including the absence of ISO 9001 or Higher Certification, which the petitioner claimed to have submitted.
Finding of the Court:
The court found that the petitioner's claim of submitting the ISO 9001 or Higher Certification was not supported by the tender documents provided by the respondent. Additionally, the court noted discrepancies in the pagination and sequential placement of pages in the tender documents.
Issues: The main issue was whether the petitioner was entitled to interim relief based on the rejection of their bid for the RFP.
Ratio Decidendi: The court determined that the absence of the required ISO 9001 or Higher Certification and the discrepancies in the tender documents did not warrant granting interim relief to the petitioner.
Final Decision: The court rejected the petitioner's prayer for interim order.
JUDGMENT :
1. Heard Mr. Syed Imtiaz Ali, learned counsel for the petitioner. Also heard Ms. Astha Shukla, learned Government Advocate appearing for respondent No. 1 and Ms. Akanksha Jain, learned counsel appearing for respondent No. 2.
2. Issue notice, returnable on 23.02.2022.
3. No formal steps are called for with regard to respondent Nos. 1 and 2, as they are duly represented.
4. Steps on respondent Nos. 3 to 5 by registered post with A/D.
5. Also heard learned counsel appearing for the parties on I.A. No. 01 of 2022, which is an application for a direction to the respondents to stay further proceedings with regard to the Request of Proposal (RFP) initiated by the respondent No. 2 for setting up of 402 labs on turn key basis for 9 different vocational traders.
6. The vocational labs are to be set up in 201 different higher secondary schools across the State of Chhattisgarh. It appears that five tenderers had submitted tenders in respect of the said RFP and the tenders of respondent Nos. 3 to 5 have been held to be technically responsive.
7. By an e-mail dated 31.12.2021, it was communicated that techno commercial bid of the petitioner was rejected.
8. Though 04 shortcomings were highlighted, Ms. Akanksha Jain submits that, most importantly, ISO 9001 or Higher Certification, which was required to be submitted, was not found in the uploaded tender documents.
9. The petitioner, in the writ petition, has categorically stated that the ISO 9001 or Higher Certification was annexed at pages 119 to 124.
10. The respondent No. 2 has filed the entire tender documents submitted by the writ petitioner.
11. Ms. Akanksha Jain submits that though it was not required in terms of the RFP to paginate the tender papers, the writ petitioner had paginated the documents beginning from (1), but, in many pages, there is no pagination and that apart, pages in many places, are not placed sequentially.
12. A perusal of the tender documents goes to show that after page 118, next page is page 125. Thus, the ISO 9001 or Higher Certification, as stated by the petitioner, is not on record.
13. It is submitted by Ms. Akanksha Jain that because of mistake in uploading the documents, this can occur. It is also submitted that though the tender is being processed by the Chhattisgarh Infotech Promotion Society (CHIPS), who is the nodal agency, the service provider for e-tendering process is not made a party.
14. On perusal of the tender papers, we find that, amongst others, after page No. 188, the next page is not paginated. After page No. 289, the next page is 292 and after page No. 293, page No. 294 appears after 20 pages and there are some other documents in between.
15. On due consideration, we are of the considered opinion that this is not a fit case for grant of interim relief at the instance of the petitioner.
16. Accordingly, the prayer for interim order is rejected.
