The principle of minimal judicial interference in matters of awarding contracts and the relevance of test reports from approved laboratories were central legal points established in the judgment.

Ajay Kumar Mittal, J.

1. In this writ petition under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of certiorari for quashing the order dated 26.8.2016 (Annexure P-17) passed by respondent No.1 rejecting the representation dated 16.5.2016 (Annexure P-13) moved by the petitioner. Further, a writ of mandamus has been sought directing the respondents to consider the second lab test report dated 16.2.2016 (Annexure P-11) of the petitioner from the list of the respondents' approved lab, i.e. Electronics Test and Development Centre (ETDC), Mohali and to start the bid process afresh.

2. Briefly stated, the facts necessary for adjudication of the instant petition as narrated therein may be noticed. Vide Resolution dated 2.9.2016 (Annexure P-1), Shri Satwant Singh has been authorized to file the present writ petition. The petitioner is engaged in the business of supply, installation and commissioning of solar street lights, solar water heater, solar panel, grid connected/off grid, solar power plant, solar cookers, solar inverters, indoor and outdoor LED lights, solar charge controller, solar home lighting system, solar lantern and other solar appliances. Respondent No.2 issued a notice dated 18.11.2015 (Annexure P-2) inviting tenders for supply, installation and commissioning of solar chargers for existing inverters in the State of Haryana on annual rate contract under the scheme on 'Small Solar Power Packs'. Respondent No.2 issued corrigendum No.1 dated 9.12.2015 (Annexure P-3) wherein the technical parameters on Load Disconnect Voltage, Load re-connect Voltage, Battery Low Voltage Cut-off and self consumption at page 25 of the tender document were deleted. Another corrigendum No.2 dated 19.12.2015 (Annexure P-4) was issued by making modification at page 21 of the tender in the terms and condition No. 24(ii) by granting liberty to the bidder that the test report can be submitted till opening of the price bid subject to the condition that the bidder had submitted self attested scanned copy of the acknowledgment letter issued by the approved laboratory as receipt of their samples for testing with bid and further modification with regard to page 26 was made modifying the parameters under indicators and that the controller should have indicators for showing solar charge and AC charging and mains through LCD display also. Thereafter, corrigendum No.3 dated 21.12.2015 (Annexure P-5) was issued by respondent No.2 extending the date and time for preparation and submission of online bids upto 1700 hours on 30.12.2015 and Part-I of the etenders was to be opened in the office of respondent No.2 on 31.12.2015 at 12.00 noon. The petitioner submitted its tender form (Annexure P-6) being eligible as they had also supplied the same items to respondent No.2 during the last purchase of the item in the financial year 2014-15 along with the acknowledgment receipt dated 29.12.2015 (Annexure P-7) in support of their claim that the petitioner had applied for testing of their item from the approved test laboratory as per the technical specifications of the tender, Annexure P-2. Respondent No.2 vide an email, Annexure P-8, asked the petitioner and other firms to submit the test report of Charge Controller on 10.2.2016 upto 9.30 AM as the meeting of the Standing Technical Committee was scheduled to be held on 10.2.2016 at 10.30 AM to evaluate the bids technically and to open the financial bid. In response thereto, the petitioner submitted its test report dated 12.1.2016 along with the letter (Annexure P-9 colly) of the item tested from National Institute of Solar Energy (NISE), an Autonomous Institute of Ministry of New & Renewable Energy, Gurgaon. The meeting of the Standing Technical Committee was held on 10.2.2016 and evaluated the bids of all the participants including the petiti