IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: September 05, 2025 Ramesh Kumar Contractor ..... Petitioner Versus State of Punjab and others ..... Respondents CORAM:- HON'BLE MRS. JUSTICE LISA GILL HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA Present: Mr. Jagdeep Singh Rana, Advocate for the petitioner.

Mr. R.S. Pandher, Addl. AG, Punjab.

****

LISA GILL, J.

1. Prayer in this writ petition reads as under:-

“i) Civil Writ Petition under Article 226 of the Constitution of India, seeks the issuance of a writ order or direction in the nature of certiorari/mandamus while setting aside the report of impugned committee meeting held on 23.07.2025 and report issued on 24.07.2025 (Annexure P-8) as well as communication dated 28.07.2025 (Annexures P-10), whereby, the Committee constituted by the respondent and the respondent No. 3 has declared the petitioner as ineligible/non responsive for the reason that the petitioner contractor does not qualify the eligibility criteria as laid in DNIT/Tender Document, on the recommendation of Superintending Engineer, Water Supply & Sanitation Circle, Amritsar, an alien/stranger to the contract and who is not competent to comment upon the certificate issued by the concerned Executive Engineer, Water Supply &Sanitation Division No. 2 Amritsar, as the said finding of the respondents are contrary to their own technical consultant report dated 22.07.2025 whereby the petitioner along with one other contractor was held to be eligible for the work in question; and/or;

ii) Further the operation of the impugned committee report dated 24.07.2025 as well as communication dated 28.07.2025 may kindly be kept in abeyance during the pendency of the present petition and/or;

iii) Further the entire action of the respondents suffer from arbitrariness as the interpretation which is sought to be given is self-styled and not in consonance with the terms and conditions postulated in the Detailed notice inviting tenders (DNIT), and directing the respondents to re-evaluate the petitioner's bid as well as other bidders and consider it afresh on its merits, ensuring a fair and transparent process and the work in pursuance to tender dated 23.04.2025 (Annexure P-1) be kept in abeyance during the pendency of the present petition; and/or iv) Further issuance of a writ in the nature of mandamus for directing the respondents not to go ahead with the tender process during the pendency of the present writ petition; and/or v) Further prayer to exempt the petitioner from filing the certified copies of the Annexures with this writ petition and permit the petitioner to file the photocopies of the same.

vi) Issue a writ in the nature of mandamus summoning the records of the case.

vii) Exempt the petitioner from filing the certified copies of Annexures.

viii) Dispense with the prior services of the notice upon the respondents.

ix) Award the cost of the writ petition to the petitioner.”

2. It is pleaded that petitioner is an approved empanelled Contractor of respondent – Department and is executing various works for respondent – Department. Pursuant to issuance of DNIT dated 23.04.2025 (Annexure P1) for ‘Work of Providing and Laying of DI K-7 Rising Main Pipeline from existing Intermediate Pumping Station (IPS) (Model Town) upto Dussehra Ground disposal works and Augmentation of Pumping Machinery at existing IPS (Model Town) at Sri Muktsar Sahib’, petitioner being fully eligible applied for the same. However, respondents rejected technical bid of petitioner and found him non- responsive in an absolutely illegal and arbitrary manner. Present petitioner was found technically non-responsive due to non-fulfilment of ‘similar work’ condition. It is submitted that present petitioner had completed relevant work as required under DNIT and completion certificate dated 04.04.2025 had been duly issued by Executive Engineer, Water Supply and Sanitation Division No. 2, Amritsar. Petitioner had been earlier declared responsive with reference to th