ORDER :

Since all these writ petitions are raising identical question of law and facts, therefore, the same are heard together and are being disposed of by this common order.

2. For the sake of convenience, the facts of CWP No.2916 of 2021, titled M/s Global Manpower and Sanitation Service versus State of H.P. and others, are being taken for deciding these writ petitions.

CWP No.2916 of 2021

3. According to the facts of that petition, the petitioner is engaged a duly enlisted Contractor for providing skilled and unskilled manpower on outsource basis in the State of Himachal Pradesh. The respondents vide e-Tender Notice dated 08.04.2021, invited tenders from the registered firms or any legal entities for providing sanitation services for the Civil Hospital Bhawarna, District kangra, H.P. The last date for submissions of the tender document was 03.05.2021. According to the petitioner, as he was eligible for participating in the said tender process, he submitted his bid alongwith all the requisite documents. As per the tender document Annexure P-5, the list of the documents which was to be attached/uploaded with the technical bid, was filed by the petitioner-Firm alongwith tender documents. The petitioner claims to have submitted the certificate of the registration of the firm alongwith the licence with the labour authority, EPF authority and details of the employees with the firm apart from ESI registration, GST registration and EPF registration. Apart from these documents, the petitioner also claims to have furnished an undertaking as per format Annexure P-3.

4. The respondents opened the technical bid on 04.05.2021 and conveyed to the petitioner on 11.05.2021 that his bid has been rejected on technical ground that since he failed to submit an undertaking, as depicted in Sr. No.16 of the technical bid evaluation report.

5. Ms. Seema Guleria, learned counsel for the petitioner, has referred to Sr. No.16 of the Tender Bid Technical Evaluation. According to her, the firm/agency upload an undertaking on the organization letter head that: (i) That firm/agency shall deploy medically fit personnel’s and shall also bear expenses of routine check-up of its personnel’s; (ii) The bidder must be having its office in Himachal Pradesh at the time of applying for the tender. The certificate to the above effect, under the Labour and Contract Act/Shops & Commercial Establishment Act/Company Act, must be attached with the Tender Document; (iii) That firm/agency shall be able to deploy at least 70% Himachali; and (iv)That there is no case pending with the police or any investigating agency against the Proprietor/Firm/Agency/Partner and the firm/agency has not been blacklisted by the Government or Non-Government organization. Learned counsel submitted that the petitioner has furnished all these declarations/undertakings alongwith the requisite documents as required in terms of Annexures 3 to 10 of the bid document. The petitioner also filed the details of its registration as required under Clause-(ii)(iv) of Serial No.16, as mentioned above.

6. Referring to Check List, Annexure P-2, the learned counsel for the petitioner submitted that document Serial No.16(i) and 16(iii) were never directed to be filed by the respondents, even then the respondents have illegally rejected the technical bid of the petitioner for want of documents. As regards the petitioner’s claim as per Annexure P-6, alongwith declaration that the petitioner has not been blacklisted, the same was also filed alongwith the tender document, which is placed on record as Annexure P-5 (colly). The action of the respondents in rejecting the technical bid of the petitioner is highly arbitrary and discriminatory. It is intended to give undue advantage and favour to their favourities in violation of the Procurement Rules. The respondents have illegally ousted the petitioner from competition by rejecting his technical bid on the ground that he had failed to file the document as per Clause 16(i) & 1