ORAL JUDGMENT

(Per : HONOURABLE MR.JUSTICE M.S.SHAH)

1. This petition, under Article 226 of the Constitution, challenges the decision of the respondent authority i.e. ONGC as communicated through the letter dated 4th January, 2006 (Annexure-B) refusing to accept the petitioner's request for issuance of tender documents on the ground that the documents produced by the petitioner do not indicate eligibility of the petitioner for the contract in question.

2. The facts leading to this petition are as under:-

2.1 The respondent authority O.N.G.C. invited tenders for maintenance of developed area for lawn and garden in plant at HGPC, Hazira for two years. The estimated cost of the work is Rs.46.30 lacs. The tender notice is published in the news- paper dated 11th December, 2005. One of the eligibility criteria is “Satisfactory completion of at least one work of similar nature and magnitude of completed value of Rs.16.70 lakhs in any Government Department/ PSU during last three years.”

2.2. When Mr.Mukesh Patel, Proprietor of Demi Engineering approached the respondent authority for collecting the tender documents, the petitioner was called upon to satisfy the authority about his eligibility a