2013 Supreme(J&K) 429
ALI MOHAMMAD MAGREY
Wani & Company – Appellant
Versus
Union Of India – Respondent
Advocates Appeared:
Prem Sadotra, R.P. Jamwal.
1. The petitioner, a Class `A' contractor, registered with the Border Road Organization, has filed this petition seeking quashing of the Technical Bid Evaluation Summary / order dated 11.03.2013 issued by respondent no. 2 whereby the petitioner firm has been held to be `not meeting the criteria of experience of similar works' and, therefore, declared to have failed to qualify for the tender pursuant to NIT no. CE (P) SPK / 24 / 2012-13 dated 08.02.2012. The petitioner has also prayed for issuance of Mandamus commanding the respondents to evaluate the tender, technical and price bid, of the petitioner firm strictly as per the terms and conditions of the tender document and on its merits, and allot the work to the petitioner firm in the event the price bid quoted by the petitioner firm is found to be the lowest. It is also prayed that the respondents be commanded not to allot the work to any other tenderer without evaluating the price bid of the petitioner.
2. Respondent no.2, vide NIT no. CE(P) SPK/24/2012-13 dated 08.02.2013, invited tenders for:
"PROVIDING, LAYING AND COMPACTION OF 100 MM AND 75 MM THICK WET MIX MACADAM, DENSE BITUMINOUS MACADAM 50 MM THICK AND SEMI DENSE BITUMINOUS
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