JUDGMENT :

Rakesh Mohan Pandey, J.

1. By way of instant petition, the petitioner has challenged the action of respondent authorities, whereby the respondent authorities, in violation of the Request For Empanelment (hereinafter referred to as RFE) Guidelines issued by the Department of Social Welfare, Govt. of Chhattisgarh, have declared the respondent No. 3 as successful L-1 bidder.

2. The matter in brief, is that, the petitioner was L-3 bidder in the bidding invited by respondent No. 2 through online mode on 21.06.2022 for supply of Motorized Battery Operated Tricycles for the Persons with Disabilities (for short, ‘PwDs’) within the State of Chhattisgarh in the prescribed format for empanelment. Respondent No. 3 was successful L-1 bidder in the tender No. 107649 dated 24.08.2022. Earlier, an interim order was passed restraining issuance of work order till the next date of hearing. The said order has been extended from time to time till its final hearing. The petitioner has sought relief for quashing of the decision of the respondent authorities in holding respondent No. 3 as successful L-1 bidder and to issue a fresh tender RFE.

3. The chronology of events is as under:-

(i) On 24.06.2022, tender was floated only for empanelment of manufacturers/distributors for supply of motorized battery operated tricycle to the PwDs, within the State of Chhattisgarh.

(ii) Day of 25.08.2022 was fixed for bid submission start date (online). Bid submission due date (online) was on 25.09.2022 at 11:59 pm.

(iii) Day of 26.09.2022 was scheduled for opening of Bid at 11:00 am and date of presentation was on 26.09.2022 at 3:00 pm. Financial Bid was on 27.09.2022 at 11:00 am.

4. The pre-qualification criteria as described in clause-2 of the RFE, dated 24.08.2022, is reproduced herein below:-

“(I) To be eligible under the contract, the intending Bidders should meet the following mandatory minimum eligibility criteria:-

[A] Average Annual Turnover: Minimum average annual gross turnover of the bidder shall be INR 1 Crore or more during any three complete financial years out of FY (i.e. 2019-20, 2020-21 & 2021-2022). (Audited balance sheet duly signed by CA should be enclosed).

Annual turnover is total certified payments received for contracts in progress or completed during the financial year.

The Bidder must ensure that he/they submit a copy of Income Tax Return along with Income Computation Sheet for last 3 financial years (i.e. 2019-20, 2020-21, & 2021-2022). Copy of audited/C.A. Certified balance sheet and Profit & Loss Account must also be attached.

Note:** [Valid MSME UAM/NSIC/ Start-up certificate holders will be exempted from Average Turnover.]

[B] Registration of Company: The bidder must be a legal entity (company/partnership firm/proprietorship firm/LLP) registered for last 03 years from the date of issue of this RFE.

[C] The organization must have experience of supply of Motorized Battery Operated Tricyle for at least 3 (three) years in Govt. Department.

[D] The Bidder must have a local office and service center within the State of Chhattisgarh. Valid Gumasta license for same shall be submitted.

[E] The organization must have valid registration of GST and PAN Card in India.

[F] The participating bidders must have a minimum experience of one large scale project of similar nature with any State or Central Government.

[G] The organization must have completed fully or partly similar Project with at least one project of value not less than Rs. 50 Lakh or more.

[I] The organization should not have been blacklisted by the Central Government, State Government, PSU and Government Bodies.

[J] Any applicant during last two financial years should neither have failed to perform any agreement nor have been expelled/terminated from any project or agreement.

[K] The organization should have ISO Certification.

5. In pursuance of the tender dated 24.08.2022, three bidders, name