JUDGMENT AND ORDER

[1] Heard Shri I. Denning, learned Advocate appearing for the petitioners and Shri N. Kumarjit, learned Advocate General assisted by Shri P. Tamphamani, learned Advocate appearing for the State respondents.

[2] Since the above writ petitions have arisen out of a similar set of facts, the same are being disposed of by this common judgment and order.

[3.1] By the instant writ petition, the petitioner has prayed for issuing a writ of mandamus or any other appropriate writ to direct the respondents to process, perform and conduct such tender as per the instructions, terms and conditions of the NIT dated 07-10-2019 and also, to issue a writ of certiorari or any other appropriate writ to quash and set aside the minutes of the meeting of the Technical Evaluation Committee held on 16-11-2019.

[3.2] According to the petitioner, it is a partnership firm which is carrying on the business of manufacture, sale and supply of G.I. Pipes. The Chief Engineer, PHED, Government of Manipur issued an NIT dated 07-10-2019 inviting rate quotations from amongst the reputed manufacturers of G.I. Pipes for an estimated cost of Rs.25.00 crores (Rupees twenty five crores) mentioning therein the critical dates. Thereafter, a corrigendum dated 19-10-2019 was issued amending the critical dates. The petitioner being eligible and qualified, applied for it and submitted its bids on 06-11-2019 which was successfully accepted on the said date. The Technical bids were opened on 07-11-2019. The Technical Evaluation Committee held a meeting on 16-11-2019 at 11.00 a.m wherein the Commissioner, PHED who is the Chairman thereof, pointed out that the petitioner firm’s documents which were submitted while applying for the tender, were to be re-verified comparing the certificates with that of the last year tender documents, as the same were found to be doubtful and not clear. The relevant paragraph of the minutes of the meeting held on 16-11-2019 reads as under:-

Commissioner (PHE) has pointed out that the CA certificate submitted by a firm named Nezones Pipes Structures need to be re-verified as the figures while comparing to their certificate submitted in the last year tender documents. She further points out that the clause mentioned in the technical criteria is for the last 3 (three) years of annual financial positions showing a minimum turnover not less than Rs. 100.00 crore per year for the product under the consideration of the tender. While the CA certificate submitted by the Nezones Pipes and Structures is doubtful and not clear.=

In terms of the said minutes of the meeting, the Chief Engineer, PHED, Government of Manipur wrote a letter dated 16-11-2019 to the petitioner firm thereby requesting it to submit the details which were mentioned therein in connection with the financial status of the petitioner firm for re-verification and clarification and in response thereto, the petitioner firm wrote a letter dated 18-11-2019 to the Chief Engineer submitting the requisite documents as desired by it for verification and clarification of the financial status of the petitioner firm. On 18-11-2019 itself and in continuation of its earlier letter dated 16-11-2019, the Chief Engineer wrote another letter informing the petitioner firm to submit format 3CB and 3CF of Income tax within three days which the petitioner firm did it on the same day.

[3.3] Being aggrieved by the actions of the respondents, the instant writ petition has been filed by the petitioner firm contending inter-alia that the technical criteria as provided in Clause 4 of Section-III, has been wrongly interpreted in the meeting of the Technical Evaluation Committee held on 16-11-2019. In other words, as per the terms and conditions as provided in Clause 4, the bidders ought to submit the CA certificate for the last three years to demonstrate the current soundness of the bidders’ financial position showing a minimum turnover of not less than Rs.100 crores for the product under consideration under