The judgment emphasizes the importance of meeting eligibility criteria for tender processes, including demonstrating independent completion of works and providing evidence of financial capacity.

Iqbal Ahmed Ansari, J.

1. By, a notice inviting tender (in short, NIT), published, on 14.08.2003, by the respondent No. 5, namely, Executive Engineer, Civil Division, Bharat Sanchar Nigam Ltd. Jorhat, on behalf of respondent No. 1, namely, Chairman cum Managing Director, Bharat Sanchar Nigam Ltd. New Delhi, (hereinafter referred to as the BSNL), tenders were invited from eligible contractors registered in the appropriate category in P&T/ DOT/DTS/BSNL, CPWD, MES, Railways, Assam State PWD (B&R) and other allied departments of the Assam State PWD eligible for submitting tenders in Assam State PWD (B&R) for similar works. The tenders, so invited, were in respect of work's covered by NIT Nos. 30/BSNL/CD-JRT/03-04 and 31/BSNL/CD-JRT/03-04 (hereinafter referred to as the NIT No. 30 and the NIT No. 31 respectively). While the NIT No. 30 aforementioned covered the construction work of 8 e numbers of Type IV Staff quarters at Lichubari, Jorhat, with estimated cost of Rs. 59,15,246.00 lakhs, the NIT No. 31 aforementioned covered the construction work of Inspection quarters (9 suites)-cum-4 numbers of Transit quarters in Lichubari Colony, Jorhat, with (estimated cost of Rs. 71,15,371.00 lakhs. For a person to be eligible to participate in the f tender process in respect of NIT No. 30 the NIT made it clear that those, who were not registered with P&T/DOT/DTS/BSNL, CPWD, MES, Railways, Assam State PWD (B&R) and other allied departments of Assam State PWD eligible for submitting tenders in Assam State PWD (B&R) for similar works, should have satisfactorily and successfully completed, at least, three works of similar nature each costing not less than rupees twenty lakhs. Similarly, the NIT No. 31 too made it clear that to be eligible to participate in the tender process in respect of the NIT No. 31, the intending tenderer should satisfy that the tenderer has satisfactorily and successfully completed, at least, during the last five years works of similar nature, each costing not less than rupees h twenty five lakhs. The NIT also made it clear that the value of the work completed under a single contract shall be considered for the purpose of determining the eligibility under the Central Government or State Government departments or Public Sector Undertakings or Autonomous bodies of the Central Government.

2. Pursuant to the NIT, the writ petitioner, who is a working partner of M/s. Malpani Construction Ltd., a partnership firm, and who was, admittedly, not registered with P&T/DOT/DTS/BSNL, but who claimed to have independently supervised, managed and completed satisfactorily the works of the nature as covered by the NIT No. 30 as well as the NIT No. 31, applied, on 2.9.2003, to the respondent No. 5, on the prescribed proforma annexing therewith some documents including the certificates of performance and experience, requesting the respondent No. 5 to issue tender papers/documents in his own name. The last date for making of the application seeking tender papers/ documents was 8.9.2003 and the last date for issuance of tender papers/documents to the eligible tenderers was 12.9.2003.

3. After examining the papers/documents submitted by the petitioner including the partnership deed of M/s Malpani Construction Company, the respondent No. 5 declined to issue tender papers/documents to the petitioner on the ground that the petitioner had not fulfilled the eligibility criteria.

4. Claiming that the petitioner is eligible under the terms and conditions of the NIT, in question, as he had independently supervised, managed and completed various works of his said firm, namely, M/s. Malpani Construction Company Ltd. of which he was a working partner, the petitioner came to this Court with the help of the present writ petition and on 16.9.2003, the Court, while issuing notice of motion, directed the respondents to, inter alia, supply to the petitioner the tender papers/documents and to let him submit the tender papers/documents accordingly with further