The employer has the discretion to evaluate financial bids and award contracts in public interest, and technically qualified bidders do not acquire a vested right for contract award.

JUDGMENT

Jasgurpreet Singh Puri, J. - This judgment shall dispose of bunch of five writ petitions bearing CWP No.7442 of 2020, CWP No.7454 of 2020, CWP No.7455 of 2020, CWP No. 7456 of 2020 and CWP No. 7474 of 2020.

2. Prayer in CWP No. 7474 of 2020 is for issuance of writ in the nature of mandamus directing the respondents Food Corporation of India (hereinafter, referred to as 'FCI') to implement the letters dated 08.05.2020(Annexure P-6) and 12.05.2020(Annexure P-7) and to open the financial bids of the technically qualified bidders in pursuance to the initial tender enquiry dated 28.03.2020(Annexure P-1). Further prayer has been made to quash the subsequent e-Tender Notice / Tender enquiry dated 23.04.2020 (Annexure P-4) with a further prayer directing the respondents FCI to allot the work of the contract in favour of the petitioner.

3. However, in the remaining four writ petitions bearing CWP No.7442 of 2020, CWP No.7454 of 2020, CWP No.7455 of 2020, CWP No. 7456 of 2020 prayer has been made by the petitioners which is diametrically opposite to the aforesaid CWP No.7474 of 2020. For convenience, facts have been taken from CWP No.7442 of 2020. In these four writ petitions, the petitioners have sought issuance of writ in the nature of certiorari for setting aside the communication dated 12.05.2020(Annexure (P-11) whereby the cancellation of tender dated 28.03.2020 (Annexure P-1) was revoked and with a further prayer to proceed with opening of tender enquiry dated 23.04.2020(Annexure P-8).

4. The facts of these writ petitions are summarised as follows:-

CWP No.7474 of 2020

5. In CWP No. 7474 of 2020, Food Corporation of India which is a Statutory body set up under the Food Corporations Act, 1964 engaged in distribution, procuring and maintaining satisfactory level of operational and buffer stocks of food grains throughout the territory of India and to ensure national food security invited e-Tender for appointment of Handling and Transport Contractors (hereinafter, referred to as 'HTC'). Vide tender enquiry dated 28.03.2020 (Annexure P-1), the system of inviting on-line tenders is based upon two bid system at Central Public Procurement Portal for appointment of contractor for a period of two years. First bid pertains to technical bid and second bid pertains to financial bid. The aforesaid eTender pertains to two districts namely, FCI District Rohtak and FCI District Hisar. However, the subject matter of the present petition pertains only to FCI District Rohtak from which tender was invited for three places namely, Alewa Negura, Pillukhera and Julana. On receiving bids from various contractors including the petitioner and the petitioners of the connected writ petitions, FCI technically examined the bids and a number of bidders were found to be technically disqualified/ineligible. In HTC Pillukhera, one tenderer out of nine was found to be technically qualified, in HTC Julana, two tenderers were found to be qualified out of seven and in HTC Alewa Negura centre two tenderers were found to be technically qualified out of eight. However, instead of proceeding further for opening the financial bids of the qualified tenders, the General Manager/Haryana FCI scrapped the tender enquiry on the ground that there is less participation of bidders. Due to disqualification of more number of bidders, there will be a financial loss to the corporation and therefore, thought it fit to scrap the tender enquiry. In this way, the tender enquiry dated 28.03.2020 pertaining to the aforesaid centers was scrapped. Thereafter, fresh tenders were invited vide tender enquiry dated 23.04.2020 (Annexure P-4).

6. Petitioner namely, Gaurav Kumar was one of the technically qualified bidder for the aforesaid centres and being dis-satisfied by the aforesaid action of the FCI Regional office in scrapping the tender, served a legal notice dated 16.04.2020 (Annexure P-5) addressed to The Chairman cum Managing Director, Food Corporation of India, The Executive Direct