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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
M/s Bablu Sharma, through its proprietor Bablu Sharma - Petitioner
Versus
Damodar Valley Corporation through its Managing Director-cum-Chairman & Ors. - Respondents
W.P.(C) No. 809 of 2021 With W.P.(C) No. 810 of 2021 With W.P.(C) No. 811 of 2021 With W.P.(C) No. 812 of 2021
Decided On : 05-10-2021
Constitution of India, 1950 - Article 226 - Tender enquiry – Technical bid - Auction - Power of judicial review - Respondents floated said tenders (through open tender enquiry and online reverse auction) for work “Day to day cleaning of colony roads, drains etc. in Zone-III as well as Zone-IV, Zone-II and Zone-I areas of CTPS” - Petitioner participated in the said e-tenders by submitting technical and financial bids - Techno-commercial part of NIT mentioned at Clause 8.0 stipulated that if address of bidders was of any DVC project, a “No Objection Certificate” from Estate Officer, DVC of that project was to be submitted in “Technical” envelope (online) to effect that they did not have any DVC quarter/building/shop/plot of land under their unauthorized possession - Whether the same would be applicable in its case or not - Held, It is a trite law that in exercise of power of judicial review, High Court is not expected to act as a court of appeal while examining an administrative decision and to record a finding as to whether any different decision could have been taken in given facts and circumstances of case Both parties have raised disputed question of fact which cannot be entertained by this Court under writ jurisdiction - Moreover, petitioner has failed to show any infirmity in decision making process in rejecting technical bids submitted by it - Respondents have already explained reason for not issuing NOC to proprietor of petitioner - It is a settled law that power of judicial review cannot be exercised to check soundness of decision in matter of awarding a contract - In view of aforesaid discussion, I am of considered view that petitioner has failed to show sufficient ground before this Court so as to invoke writ jurisdiction requiring interference with impugned letters whereby technical bids submitted by petitioner have been rejected by Tender Committee of respondents - Writ petitions dismissed.
JUDGMENT :
W.P.(C) No. 809 of 2021 has been filed for quashing letter dated 20.02.2021 (Annexure-9 to the writ petition), whereby the technical bid of the petitioner in Tender No. DVC/Tender/CTPS/CIVIL/C&M/Works and Service/00070 dated 18.08.2020 (hereinafter referred to as “the said Tender”) has been rejected with the remarks “Techno-commercially NOT NIT compliant bidder”. Further prayer has been made for issuance of direction upon the respondents to consider the technical and financial bids of the petitioner in terms with Clause 8.0 of Techno-commercial Terms and Conditions of the NIT.
2. W.P.(C) No. 810 of 2021 has been filed for quashing letter dated 20.02.2021 (Annexure-9 to the writ petition), whereby the technical bid of the petitioner in Tender No. DVC/Tender/CTPS/CIVIL/C&M/Works and Service/00073 dated 20.08.2020 (hereinafter referred to as “the said Tender”) has been rejected with the remarks “Techno-commercially NOT NIT compliant bidder”. Further prayer has been made for issuance of direction upon the respondents to consider the technical and financial bids of the petitioner in terms with Clause 21.0 of Techno-commercial Terms and Conditions of the NIT.
3. W.P.(C) No. 811 of 2021 has been filed for quashing letter dated 20.02.2021 (Annexure-9 to the writ petition), whereby the technical bid of the petitioner in Tender No. DVC/Tender/CTPS/CIVIL/C&M/Works and Service/00074 dated 20.08.2020 (hereinafter referred to as “the said Tender”) has been rejected with the remarks “Techno-commercially NOT NIT compliant bidder”. Further prayer has been made for issuance of direction upon the respondents to consider the technical and financial bids of the petitioner in terms with Clause 22.0 of Techno-commercial Terms and Conditions the NIT.
4. W.P.(C) No. 812 of 2021 has been filed for quashing letter dated 20.02.2021 (Annexure-9 to the writ petition), whereby the technical bid of the petitioner in Tender No. DVC/Tender/CTPS/CIVIL/C&M/Works and Service/00071 dated 18.08.2020 (hereinafter referred to as “the said tender”) has been rejected with the remarks “Techno-commercially NOT NIT compliant bidder”. Further prayer has been made for issuance of direction upon the respondents to consider the technical and financial bids of the petitioner in terms with Clause 22.0 of Techno-Commercial Terms and Conditions the NIT.
5. The aforementioned batch of writ petitions involve similar issue and as such the same are being heard and decided by this common judgment taking W.P.(C) No. 809 of 2021 as the lead case.
6. The factual background of the case as stated in the present batch of writ petitions taking the lead case being W.P.(C) No. 809 of 2021 is that the respondents floated the said tenders (through open tender enquiry and online reverse auction) for the work “Day to day cleaning of colony roads, drains etc. in Zone-III as well as Zone-IV, Zone-II and Zone-I areas of CTPS”. The petitioner participated in the said e-tenders by submitting the technical and financial bids. The techno-commercial part of NIT mentioned at Clause 8.0 stipulated that if address of bidders was of any DVC project, a “No Objection Certificate” from the Estate Officer, DVC of that project was to be submitted in “Technical” envelope (online) to the effect that they did not have any DVC quarter/building/shop/plot of land under their unauthorized possession. The address of the petitioner is of Begusarai, Bihar and as such, it did not submit any “no objection certificate” with his technical bid envelope. The petitioner also made an application on 17.11.2020 to the respondent no. 6 – the Estate Officer, Damodar Valley Corporation, Chandrapura Thermal Power Station, Chandrapura, Bokaro to issue “no objection certificate”, however, the same was kept pending. The respondent no. 5 – the Superintending Engineer (C & M), Damodar Valley Corporation, Chandrapura Thermal Power Station, Chandrapura, Bokaro issued letter vide e-mail dated 02.11.2020 mentioning that after scrutiny, the T
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