The court ruled that the tendering authority's rejection of the bid based on 'invalid HT License' was arbitrary and unreasonable, affirming the eligibility of the petitioner to participate in the bidding process.

JUDGMENT :

B.R. SARANGI, J.

1. M/s. Swosti Powercon, Bargarh, a proprietorship firm, represented through its sole proprietor, has filed this writ petition seeking to quash the order dated 19.09.2023 rejecting his bid communicated through e-mail vide Annexure-3 series, and to direct the opposite parties to consider the HT License certificate along with the bid of the petitioner correctly as per website copy in https:// eiceletricityodisha.nic.in, as mentioned in the representation vide Annexure-5 series, and also to allow the petitioner to participate in the bid and to issue LOA/Work Order in its favour in the event of success in the bid.

2. The factual matrix of the case, in brief, is that the Executive Engineer, Sonepur Lift Irrigation Division-opposite party no.3 issued tender call notice on 01.08.2023 in respect of 90 numbers of packages for the work “Installation and Energisation of (Revival) River Lift Irrigation Projects with Supply of all materials on Turnkey basis The estimated cost for each package, EMD amount and cost of bid documents were mentioned in the Detailed Tender Call Notice dated 01.08.2023. The last date to submit the bids was fixed to 24.08.2023 and the date and time for opening of tender was mentioned as 25.08.2023 at 11.00 AM. As per the conditions stipulated in the tender call notice, the petitioner, having the required eligibility criteria, applied for the same. The petitioner was having the H.T. License bearing No. 3104, which was valid till 05.11.2023, i.e. for the period of more than one month from 25.08.2023 (date of opening of tender). The petitioner submitted its bids for 12 different numbers of packages under DTCN dated 01.08.2023 including the present package. It had also entered into an agreement with another contractor for the civil work part under the package, as allowed in terms of the DTCN dated 01.08.2023. The petitioner had submitted the Electrical (HT) License-HT 3104 issued by the Electrical Licensing Board Odisha (ELBO)-opposite party no.4 dated 13.12.2021, which was valid till 05.11.2023. As per the conditions stipulated in the tender document, the petitioner applied for the work in question, but opposite party no.3 issued an e-mail on 19.09.2023 stating that its bid has not been accepted. On 19.09.2023, rejection order was uploaded on the portal wherein the reason for rejection of the bid of the petitioner was mentioned “Invalid HT License submitted”. Hence, this writ petition.

3. Mr. I.A. Acharya, learned counsel appearing for the petitioner contended that the bid identification no. OLIC-SNP 01/2023-24 dated 01.08.2023 clearly indicates the date and time for opening of tender in the office of the Executive Engineer, L.I. Division, Subarnapur on 25.08.2023 at 11.00 Hrs. Clause-2.2 of the said bid identification prescribes eligibility that the contractor should have valid civil license of requisite class as per the Tender Call Notice and valid H.T. license issued by ELBO and validity of both the licenses should be for a period at least one month from the date of the opening of the tender. It is contended that if the advertisement shows the date of opening of the tender as 25.08.2023, the validity of the licenses should be till 25.09.2023. Learned counsel for the petitioner brought to the notice of this Court with regard to the Electrical Contractor License granted in favour of the petitioner, wherein the validity period has been prescribed as 05.11.2023. Therefore, it is contended that by the time the advertisement was issued,