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2019 Supreme(Raj) 1950
IN THE HIGH COURT OF RAJASTHAN
Pushpendra Singh Bhati, J.
Power Solar - Appellant
Versus
State Of Rajasthan - Respondent
Civil Writ Petition No. 18530 of 2019
Decided On : 14-12-2019
Parvej Moyal, Advocate, Pankaj Sharma, Advocate
Courts are reluctant to interfere with tender processes, particularly when such interference may delay critical projects like the development of solar power. However, in exceptional circumstances, courts may intervene to enable the participation of qualified entities that lack certain formal requirements, provided they undertake to fulfill those requirements within a specified time-frame.
Headnote:
TENDER - ELECTRICAL CONTRACTOR LICENSE - WAIVER - COURT'S INTERVENTION - LIMITED SCOPE - PARTICIPATION IN TENDER PROCESS - UNDERTAKING TO FURNISH LICENSE - TIME-FRAME - NON-COMPLIANCE - AUTOMATIC CANCELLATION OF CANDIDATURE - RAJASTHAN RENEWABLE ENERGY CORPORATION LIMITED'S ROOFTOP SOLAR POWER GENERATION SCHEME - CRITICAL TO SOLAR POWER DEVELOPMENT - DELAY IN IMPLEMENTATION DETRIMENTAL TO STATE'S SOLAR ENERGY CAUSE - COURT'S RELUCTANCE TO INTERFERE - EXCEPTIONAL CIRCUMSTANCES - STRONG CREDENTIALS OF PETITIONER'S FIRM - LIMITED INTERVENTION TO ENABLE PARTICIPATION IN TENDER PROCESS - STRICT COMPLIANCE WITH LAW - UNDERTAKING TO ACCEPT OUSTER OF CANDIDATURE IF LICENSE NOT FURNISHED WITHIN SPECIFIED TIME-FRAME - FAILURE TO FURNISH LICENSE - AUTOMATIC CANCELLATION OF CANDIDATURE - NO FURTHER RIGHT TO PETITIONER - COURT'S OBSERVATION - WRIT PETITION DISPOSED OF.
Fact of the Case:
Petitioner, an ISO 9001:2015 Firm with a core team of eight engineers empaneled with the Bureau of Energy Efficiency (BEE), challenged the requirement of an Electrical Contractor License for Established Entrepreneurs in a tender for a Rooftop Solar Photovoltaic Power Project under the Rajasthan Renewable Energy Corporation Limited's Rooftop Solar Power Generation Scheme. The petitioner sought a waiver of the license condition and an extension of the online tender submission date.
Finding of the Court:
The court acknowledged the petitioner's strong credentials, reflected in its empanelment with BEE, but emphasized the critical nature of the solar power scheme and the potential detrimental effects of any delay in its implementation. The court recognized the importance of adhering to basic requirements and declined to waive the Electrical Contractor License condition.
Issues: 1. Whether the court should intervene to waive the Electrical Contractor License condition for the petitioner in the tender process. 2. Whether the court should extend the online tender submission date.
Ratio Decidendi: 1. The court exercised limited intervention to enable the petitioner's participation in the tender process, considering the petitioner's strong credentials and undertaking to furnish the Electrical Contractor License within the specified time-frame. 2. The court declined to extend the online tender submission date, emphasizing the need to adhere to the time-frame set by the respondents.
Final Decision: The court directed the respondents to allow the petitioner to participate in the online tender submission on a specific date, subject to the petitioner's strict compliance with all other necessary conditions and the undertaking to furnish the Electrical Contractor License by a specified time. Failure to furnish the license within the stipulated time would result in the automatic cancellation of the petitioner's candidature.
JUDGMENT
Pushpendra Singh Bhati, J. - As per Rajasthan High Court Rules, an advance copy was served upon Shri Pankaj Sharma, learned Additional Advocate General, to appear on behalf of the respondents and he appears accordingly.
2. This Court on finding the issue critical, due to the limited time directed Shri Pankaj Sharma to assist the Court on merits, upon which he provided necessary assistance.
3. The petitioner has preferred this writ petition under Article 226 of the Constitution of India claiming the following relief :-
(a) The respondents may kindly be directed to relax the condition of having Electrical Contractor Licence for the Established Entrepreneur for Tender, and accept the petitioner bid for the tender.
(b) The respondents may kindly be directed to take appropriate actions regarding the extending the online submission of tender bidding date for one month.
(c) The respondents may kindly be directed to allow the petitioner to became eligible for the technical bid and shall not be disqualified in want of Electrical Contractor License.
(d) The respondents may kindly be directed to allow the petitioner by undertaking to furnish Electrical Contractor License within one month or prior to opening of price bid."
4. The respondent no.2 issued a notice inviting tender for the works of design, supply, installation, testing, commissioning of Grid Connected Rooftop Solar Photovoltaic Power Project under "Roof Top Solar Power Generation Scheme 2019-20" and the tender documents contained all the terms and conditions including, the schedule of dates etc.
5. The petitioner is aggrieved by the requirement of having "Electrical Contractor License" mentioned in "Section-6, Part-A "Pre-Requisites and Proposal Evaluation". As per Established Entrepreneur, condition no.(VI) the Bidder is required to have Electrical Contractor License of any State across India.
6. Counsel for the petitioner, after consultation with husband of petitioner (present in court), submits that he is giving up his claim on merits regarding waiver of Electrical Contractor License condition and emphasizes only on the fact that the petitioner Firm is an ISO 9001:2015 Firm having core team of eight engineers empaneled with Bureau of Energy Efficiency (BEE) and the name of petitioner's Firm is mentioned at Sr. No.16, having turnover of more than 4 Crores in last three years, which shows petitioner's efficiency and prominence regarding completion of contract and fulfilment of other required conditions. As per counsel for the petitioner, list of Bureau of Energy Efficiency is Annex.10 to the writ petition, which is a list of 27 Energy Service Companies (ESCOs) empaneled with Bureau of Energy Efficiency (BEE) with its validity till May 20th, 2021.
7. Counsel for the petitioner, after giving up his claim to get the condition waived, submits that looking into profile of the Company, the petitioner may be given some time to fetch Electrical Contractor License. Counsel for the petitioner further submits that he does not seek to delay time-frame given by the respondents vide Annex.8.
8. Mr. Pankaj Sharma, learned Additional Advocate General, appearing for the respondents submit that Rajasthan Renewable Energy Corporation Limited is having a "Rooftop Solar Power Generation Scheme", which is critical to the development of solar power, and that any intervention of this Court would delay the process of implementing the scheme, which shall be determental to the cause of solar energy in the State of Rajasthan.
9. Counsel AAG also submits that, though, the credentials of the petitioner is good, but unless the petitioner qualifies the basic requirement, no opportunity to participate in the process inquestion can be granted.
10. After hearing counsel for the parties and seeing record of the case, this Court finds that since the petitioner has given up his claim to challenge the condition of possessing Electrical Contractor License and also undertakes before this Court that he shall furnish the E
