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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Ziyad Rahman A.A., J
MECABO INNOVATIONS PVT LTD. – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. challenge to tender evaluation based on experience requirement (Para 1 , 2) |
| 2. authority's discretion in qualification criteria upheld (Para 3 , 4) |
JUDGMENT
The petitioner is challenging Ext.P11 technical evaluation results of a tender process initiated by the 2nd and 3rd respondents, wherein, the petitioner was found to be not qualified. The challenge is raised mainly on the ground that the petitioner is a Start Up and being an institution registered with the Kerala Start Up Mission, the petitioner is entitled to get relaxation in the condition of experience, as far as the tenders issued by the respondents are concerned.
2. According to the petitioner, the petitioner was disqualified as per Ext.P11, only on the ground that, the petitioner lacks necessary experience as prescribed in the tender document, even though the petitioner is having all other qualifications. According to the petitioner, in the light of Ext.P5, which is a communication issued by the Kerala Start Up Mission owned by the Government of Kerala, addressed to the 2nd respondent, the petitioner ought to have been granted relaxation in the criteria regarding the experience.
3. After hearing the learned
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