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2020 Supreme(Jhk) 204

RAJESH SHANKAR
Vinod Kumar Jain – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner:M/s Sumeet Gadodia, Advocate, Mr. Krishna Murari, Advocate
For the Respondent:Mr. Ajit Kumar, A.G., Mrs. Ritu Kumar, Advocate

ORDER :

W.P.(C) No.5408 of 2019:

1. The present writ petition has been filed by the petitioner Vinod Kumar Jain (hereinafter to be referred as P-1) for quashing of the decision of the Tender Committee dated 03.10.2019 as uploaded in Form No.5B by respondent no.4 to the extent the technical bid of the P-1 has been declared as non-responsive to Clause 16.3 of the Instructions to Bidders (ITB) to Standard Bidding Document (SBD) in respect of the work pertaining to “Reconstruction of Meral-Bana-Ambakhoriya Road (MDR-140) (hereinafter to be referred as W-1). Further prayer has been made for issuance of direction upon the respondent-State of Jharkhand to declare the technical bid of the P-1 as responsive and consequently to open the price bid of the P-1 and award the work in question to it by issuing of Letter of Intent/Work Order if the petitioner’s financial bid is found to be the lowest.

2. The factual background of the case as stated in the writ petition is that the respondent-State of Jharkhand vide e-Tender Notice dated 07.06.2019 invited tenders for Reconstruction of Meral-Bana-Ambakhoriya Road. The P-1 participated in the said tender namely W- 1 and as per Clause 16 of the ITB to St

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