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RAMESH SINHA, SANJAY K. AGRAWAL
Kaushik Build Con, through the partner Dharmendra Kumar Kaushik – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
Sanjay K. Agrawal, J.
1. The petitioner has filed this writ petition calling in question the impugned orders Annexures P-3 & P-4 by which the petitioner’s technical bid was not opened holding that he is not having the requisite technical experience of work for tender Nos.70662 Saja & 70660 Kurud. The petitioner has further questioned the order Annexure P-16 by which the NIT dated 18-1-2021 has been cancelled by the respondent University.
2. It is the case of the petitioner that though the petitioner made representation for opening of its technical bid for the work in question, but it was not considered and the technical bid was not opened nor informed and the tender in question has been arbitrarily cancelled by order dated 27-7-2021. It is the further case of the petitioner that experience of one another firm M/s. Kaushik Enterprises in which Dharmendra Kumar Kaushik & Rajiv Lochan Tiwari, both, are also partners, has also to be taken into account and therefore the petitioner has claimed that while counting technical experience, the experience of firm M/s. Kaushik Enterprises be also reckoned which has not been done and the issue is covered by the decision of the Supreme Court
The experience of associated firms cannot be considered without a formal declaration of a joint venture, affecting eligibility in tender processes.
Experience of a firm is not in its entirety attributable to each individual partner, but attributable only to the collective effort of all partners concerned.
The experience of a partner can be considered as the experience of the partnership firm, and the date of joining the partnership is immaterial for the purpose of experience as contemplated in the cla....
The central legal point established in the judgment is the interpretation and application of the work experience criteria as per the tender form, particularly in the context of joint venture partners....
The court affirmed that in tender matters, the awarding authority has discretion to assess qualifications, and judicial review is limited to ensuring legality and fairness, without substituting the a....
The court established that the evaluation of tenders must strictly adhere to the conditions set forth in the tender notice, and any arbitrary deviation undermines the integrity of the tender process.
The court ruled that tender eligibility criteria must explicitly state disqualifications, allowing joint venture experience to be considered for bidder qualifications, ensuring clarity and fairness i....
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