ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 18-12-2024 The petitioner is aggrieved with the disqualification of the tender submitted. The Request for Proposal (for brevity referred to as ‘RFP’), for construction of three bypasses at Sheikhpura, Jamui and Khaira with a re-alignment at Sikandara, was published as per Annexure-P/1. The petitioner submitted a tender which stood disqualified as per Annexure-P/10. The reason for the tender to be non-responsive was that it did not meet the requirement of the Digital Signature Certificate (for brevity ‘DSC’) being in the name of the authorized signatory as authorized in Appendix-III of the RFP.

2. Learned Counsel for the petitioner specifically referred to Annexures- P/6 and P/7, which are stated to be respectively the Power of Attorney appointing the Lead Member of the Joint Venture and the Lead Members’ Power of Attorney, for signing the bid document.

3. Admittedly, the petitioner is a Joint Venture of two entities, one Balkrishna Bhalotia Construction Private Limited and the other Ganesh Ram Dokania (for brevity referred to as ‘BBCPL’ and ‘GRD’). Annexure-P/6 is the Power of Attorney executed by both the entities of the Joint V