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2012 Supreme(Ori) 228

V.GOPALA GOWDA, S.K.MISHRA
Saroj Kumar Jena – Appellant
Versus
State of Orissa – Respondent


Advocates Appeared:
For petitioner: Mr. Prabodh Chandra Nayak
For opposite parties:Addl. Government Advocate, M/s. S.R.Pattnaik, P.K.Mohanty, S.K.Nayak and Miss M.Mohapatra (for opp. party no.5)

JUDGMENT

S.K. Mishra, J. - The petitioner in this case assails rejection of his technical bid by the opposite party no.3, the Superintending Engineer, Rural Works Circle, Cuttack with respect to construction of model school building at Madhapur under Sukinda Block in the district of Jajpur. Opposite party no. 5 is the successful bidder, in whose favour contract has been awarded.

2. Opposite party no.3 invited tender in the aforesaid work as per tender call notice and the technical bid was opened on 20.03.2012. The finance bid was opened on 26.03.2012. The petitioner as well as the opposite party no.5 submitted the technical bid and the finance bid online. However, his technical bid was rejected and it is alleged that he is not qualified to bid for the aforesaid work.

The petitioner further submits that the opposite party no.5, which is a partnership firm, has neither any experience nor any turn over has been awarded with the work. It is submitted that the opposite party no.5 has relied upon the work executed by one Managing Partner in his individual capacity, as such the opposite party no.5 is not eligible to submit his technical bid. Therefore, the petitioner prays to award the tech















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