The court highlighted the importance of adhering to the Standard Bidding Document (SBD) and Notice Inviting Tender (NIT) requirements, including the provision of accurate information, and emphasized the need for judicial restraint in administrative actions, considering public interest in contract matters.

JUDGMENT :

CAVEAT No. 1602/2023

With appearance of Mr. F. A. Natnoo, Advocate, as counsel for the caveator/respondent No.5, the caveat is discharged.

WP (C) No. 2301/2023

1. Petitioner through the medium of this petition has sought the following reliefs :

(a) An appropriate writ, order or direction in the nature of writ of certiorari quashing result of Technical Evaluation dated 17.08.2023 as well as revised result of Technical Evaluation dated 25.08.2023 issued by respondent no.3 whereby technical bid submitted by the petitioner in reference to E-NIT No. 14 of 2023-24 dated 12.07.2023 with respect to works indicated at serial no.4 i.e. “Construction of road from Main National Poonch Highway road to Mohalla Dramna Kindo Potha Lower, Tehsil surankote District Poonch” has been declared non-responsive and technical bid submitted by respondent no.5 has been declared responsive notwithstanding non compliance of various clauses of NIT/Standard Bidding Document by respondent no.5 i.e. non-uploading of mandatory documents by him.

(b) An appropriate writ, order or direction in the nature of writ certiorari quashing result of the financial bid dated 26.08.2023 together with all subsequent actions taken by the respondents 2 to 4 whereby respondent no.5 has been declared lowest for the aforesaid work/contract and the said contract is or likely to be awarded to respondent no.5 without considering and deciding the objections dated 19.08.2023 filed by the petitioner to the result of technical evolution summary dated 17.08.2023.

(c) An appropriate writ in the nature of mandamus commanding the respondents to declare the technical bid of the petitioner as "responsive" for the aforesaid contract/work and consider his financial bid on its merits and if the same is found to be lowest than respondent no.5 then allot the aforesaid contract in reference to E-NIT no. 14 of 2023-24 dated 12.07.2023, in favour of the petitioner.

(d) An appropriate writ in the nature of prohibition restraining the respondents from issuing allotment order with respect to aforesaid contract in favour of respondent no.5 in any manner.

2. It has been asserted in the petition that the tenders were invited by official respondents, for construction of different roads in Poonch District in terms of e-NIT No. 14 of 2022-23 dated 12.07.2023 and seven bidders including respondent no.5 filed their tenders in response to the aforesaid e-NIT for “Construction of road from Main National Poonch Highway road to Mohalla Dramna Kindo Potha Lower, Tehsil surankote District Poonch” (Under NABARD), to be completed in a period of two years for an estimated costs of Rs. 319.62 lacs.

3. Petitioner contends that soon after issuance of e-NIT in question, the respondent no.3 issued a Corrigendum dated 19.07.2023 whereby the contractors were directed either to upload their consent from J&K Pollution Control Board duly renewed for the current financial year or upload an undertaking from a Hot Mix Plant Holder for the peripheral distance 60 kms for construction of road works for complete job/black topping works for all class of contractors and subsequently, another corrigendum dated 27.07.2023 came to be issued by the respondent No.3 whereby it was directed that the bidders, are required to upload the consent from a Hot Mix Plant duly renewed from the current financial year or upload an undertaking from a Hot Mix Plant Holder with the renewed certificate from J&K Pollution Control Board for the peripheral distance 40 kms instead of 60 kms, for construction of road works in question.

4. It is being pleaded that the petitioner being eligible in all respects competed in the tendering process for aforesaid two works and in this behalf besides submitting his financial bid, also submitted his technical bid, on the web-portal of the respondents; that the petitioner besides uploading various mandatory documents, also uploaded two certificates dated 23.07.2023 and 31.07.2023 in reference to corrigendums dated 19.07.2023