In tender matters, the term 'employer' requires an external, independent entity. Internal work certificates issued between departments of a single company do not constitute valid proof of experience, as they lack the arm's-length nature required for objective and transparent evaluation by public authorities.

Per Ramesh Sinha, Chief Justice

27/03/2026

1. Heard Mr.Bhaskar Payasi, learned counsel for the petitioner as well as Ms.Fouzia Mirza, learned Senior Advocate assisted by Mr.Vaibhav Shukla, learned counsel appearing for the respondents.

2. The petitioner has prayed for the following relief(s):

10.1 This Hon'ble Court may kindly be pleased to call for the entire records in relation to the case of the petitioner from the Respondent authorities.

10.2 This Hon'ble Court be kindly be pleased to set aside/quash the Annexure P/1 dated 10.03.2026 passed by the Respondent no1 disqualifying the petitioner in the technical bid.

10.3 This Hon'ble Court be kindly be pleased to direct the respondents to allow the petitioner to participate in the final bid.

10.4 This Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.

3. Facts of the case are that the Respondent, S.E.C.L., floated NIT No. GM(C)/SECL/BSP/e-T_TK/Amadand-CHP/2025-26/12 dated 22.10.2025 for Planning, Design, Engineering, Construction, Fabrication, Erection, Supply, Installation, Testing, Trial Run, and Commissioning of a Coal Handling Plant (CHP), including Operation & Maintenance (O&M) during a Defect Liability Period (DLP) of five (5) years, on a turnkey basis at Amadand OCP (4.00 MTY) of Jamuna & Kotma Area (Tender ID No. 2025_SECI_346075_1). Seven tenderers, including the Petitioner, submitted their respective bids in response to the aforesaid NIT. Clause 8.4(A) of the NIT provides that the intending tenderer must have experience, in its own name, of successfully completing similar works during the last ten (10) years ending on the last day of the month preceding the one in which bid applications are invited. The clause further stipulates that such experience must satisfy any one of the following criteria: (i) three similar completed works, each costing not less than 20% of the estimated cost; or (ii) two similar completed works, each costing not less than 25% of the estimated cost; or (iii) one similar completed work costing not less than 40% of the estimated cost.

4. The NIT defines “Similar Nature of Work” to include design, supply, installation, construction, and commissioning of Integrated Coal Handling Plants (CHP) or other bulk material handling systems with conveyor systems, Rapid Loading Systems (RLS), Unit Train Loading Systems (UTLS), RCC or structural steel silos, bunkers, surge bins or burden hoppers with conveyor systems, or any plant including CHP or bulk material handling systems with conveyor systems, as well as work identical in name and nature to the tendered work. It is further specified that conveyor systems include belt conveyors, pipe conveyors, high-angle conveyors, and chain conveyors. The NIT further requires that the intending tenderer submit documentary evidence in support of the aforesaid experience in the form of copies of work orders and completion certificates indicating the value and period of work, and that TDS certificates may be submitted during clarification, if required. The Petitioner duly submitted all requisite experience documents with respect to similar work involving design, supply, installation, construction, and commissioning of a coal washery, clearly indicating the quantum and period of work in Annexure B, along with the tender documents.

5. It is noteworthy that the conditions relating to work experience do not state anywhere that a work order issued by one department or unit of a company to another department or uni