Petitioner should have fulfilled the amended criteria while filing tender.

This matter has been specially ordered for hearing as directed by the Division Bench in W.A.No.2920 and 2922 of 2004.

2. The first respondent called for a tender for construction of various works including construction of a new hostel block (ground+6floors). Though the original pre-qualification notice included the criteria for other works, including a mega mess for boy's hostel, buildings and infrastructure for Bio-chemical Engineering and Bio-Technology Department at IITM, and a Sewerage treatment plant, this writ petition is only concerned with the construction of a new hostel block.

3. On 10-05-2003, the notification for pre-qualification of contractors was called for. The qualifications are as follows:

"Interested Contractors, who have executed three similar works costing not less than 40% of the estimated cost put to tender (atleast one of them should be in Central Government/Central Autonomous Bodies like educational Institution / Central / Public Sector Undertakings during the last five years) out of which one work should cost not less than 80% of the estimated cost. The interested contractors should have completed at least two multistoried buildings. (Ground + 6 floors) for item (1) & (3) and at least one long span construction (minimum size 15m x 15m) for item (2)"

The numbers in brackets refer to the particular work for which the contractor is applying, item no:1 being the contract in question. After the pre-qualification stage was crossed, a contractor would be informed of the date and time of sale of document. After the tender documents are submitted the tenderers would be called for a pre-bid meeting. The tender offers would be received on a subsequent date. Thereafter, the Technical Bid (Packet-A) and Financial Bid (Packet-B) would be opened. These were admittedly the different stages leading to the award of the contract.

4. The petitioner was found to have pre-qualified. He was informed by letter dated 25-03-2004, that the tender documents would be sold from 19-03-2004 to 29-03-2004, that the pre-bid meeting would be at 10:30 AM on 07-04-2004, that the tender offer would be received up to 3:00PM on 19-04-2004 and finally, that the technical Bid would be opened at 3:40 PM on 19-04-2004. The tender documents showed that there was an alteration in the qualification criteria from what was indicated in the pre-qualification notice and according to the petitioner this could be not done and it was to his disadvantage. The qualification criteria which was so altered is as follows:

"The applicant should have satisfactorily completely three works (atleast one of them in Central Government/ Central Autonomous Body/ Central Public Sector Undertakings) each costing not less than Rs.12 crores or two works each costing not less than Rs.15 crores or one work costing not less than Rs.24 crores of similar multistoried buildings (Ground + six floors or more) during the last seven financial years 1997-98 to 2003-04"

Thereafter, it was awarded to the third respondent and the petitioner's bid was rejected by the impugned order dated 27-05-2004.

"We regret to inform you that, after evaluation of your technical bid, it is found that your bid does not meet tender requirements. Hence it has been decided by competent authority not to open your financial bid."

5. Therefore the writ petition has been filed challenging the rejection order. At the time of admission, only notice was ordered in the injunction application on 02-06-2004. When the matter came up again on 06-07-2004, the injunction application was dismissed. The interim prayer was principally to prevent the 3rd respondent the successful contractor from proceeding with the work. The respondents were served. The petitioner went in appeal against the dismissal of his injunction application. On 07-09-2004, the Division Bench in W.A. Nos. 2921 and 2922 of 2004, heard all the parties concerned, passed an order declining to interfere with the order of the Learned Single Judge and di