IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 05.09.2025 M/s Sandeep Kumar Contractor …..Petitioner.

Versus State of Haryana and others .....Respondents.

CORAM: HON’BLE MRS. JUSTICE LISA GILL HON’BLE MRS. JUSTICE MEENAKSHI I. MEHTA *****

Argued by:- Mr. Anil Ghanghas, Advocate for the petitioner.

Mr. Sukhdeep Singh Parmar, Addl. A.G, Haryana for respondents No.1 to 6.

Mr. Manjeet Singh, Advocate for respondent No.7.

MEENAKSHI I. MEHTA, J By way of instant Civil Writ Petition, the petitioner-Firm has sought the indulgence of this Court for the issuance of a writ in the nature of certiorari, setting-aside the decision dated 27.06.2025 (Annexure P-5) of respondent No.5 for declaring it (petitioner) as non-responsive qua the technical bid dated 02.07.2025 (Annexure P-7) and considering it to be dis- qualified for the financial bid dated 22.07.2025 (Annexure P-11) and it (petitioner) has further prayed for issuing a writ in the nature of mandamus, directing the respondents to grant it an opportunity to explain/clarify the above-said matter and to declare it as qualified for the technical bid and consider its financial bid, along-with those of other technically qualified bidders and to allot the work to it.

2. Shorn and short of unnecessary details, the averments, as canvassed by petitioner-Firm in the present writ-petition, are that it is a proprietorship Firm, registered with Haryana Engineering Works Portal of the Government of Haryana and is enlisted as Class-I Contractor. On 27.05.2025, the respondent-Department published Detailed Notice Inviting Tender, online, (for short ‘DNIT’ and annexed in the paper-book as P-1) for “Special Repair of Jind Barwala Agroha Road (Section Kheri Chopta to Barwala) (SH-10) for estimated cost of Rs.743.02 lacs. Last date for submission of bids, through e-tendering, was scheduled to be 09.06.2025. Selection process of bids consisted of two stages, i.e technical and financial evaluation. The bidders, qualifying the technical evaluation, were eligible to participate in the financial bid. The petitioner was having a Hot-Mix Plant (for short ‘the Plant’) in workable condition as required under Clause-39 of the DNIT and had already been allotted another work of special repair of the roads by respondent No.4 vide Letter of Acceptance dated 05.06.2025 (Annexure P-2) and it was, thus, having requisite technical qualification to be eligible for consideration of its financial bid. Vide letter dated 20.06.2025 (Annexure P-3), Sub-Divisional Engineer, Provincial Sub-Division, PWD (B&R) Branch, Barwala, (for short ‘the SDE, Barwala’) intimated the proprietor of the petitioner to remain present at the site on 21.06.2025, along-with all the documents in respect of the Plant. Then, he visited and inspected the site of the petitioner and sites of two other bidders namely M/s Debaa Contractors, i.e respondent No.7 and Shri Balaji Builders, to ascertain the workability and availability of their Plants and submitted his report to respondent No.6 vide letter dated

24.06.2025 (Annexure P-4).

3. The petitioner has, further, averred that it received letter dated 27.06.2025 (Annexure P-5), wherein it was intimated that the Committee had visited its site on that day and its Plant was found to be non-operational and last opportunity was granted to it (petitioner) to open the Control Cabin and ensure its proper functioning by 30.06.2025. The petitioner submitted its reply (Annexure P-6) dated 30.06.2025, explaining therein that its Plant- Operator was not available and routine maintenance work of the Plant was going on and requesting for grant of 10-15 days’ time to do the needful accordingly. However, members of respondent No.5-Committee held a meeting on 02.07.2025 for evaluating the technical bids, submitted by the participants and illegally declared petitioner as non-responsive on the ground that its Hot-Mix Plant was not in working condition as per Clause- 39. Afore-said report of the Committee was publ