Order on Board

Per Ramesh Sinha , Chief Justice

19.01 .2024

1. That the petitioner firm has filed instant writ petition against the rejection of its bid by holding him ineligible due to lack of information about From-

3 and plead the following relief as below : -

“10.1. That this Hon’ble Court may please be kind enough in calling entire records of the subject Tenders (Annexure P-1).

10.2. That this Hon’ble Court may please be kind enough in quashing and setting aside the impugned rejection of the petitioner’s bids (Annexure P-1) and thereby directing the respondents to open & consider the price bids of the petitioner and thereafter award the work to the lowest eligible bidder.

10.3. That Hon’ble Court may please be kind enough in granting any other relief & the cost of the petition.”

2. That the brief facts of the case are that the respondent No.2 floated an OnLine tender for “Drilling of 150 mm dia, 120 mtr deep, 16 Nos. Tube well in Baradoli, Ankori, Khemda-1, Khemada-2, Kotendaraha, Sagarpali, Rohina, Bhadarpali-1, Bhadarpali-2, Bhanwarpur-1, Bhanwarpur-2, Palsabhadi, Lohdipur, Jharbandh, Khushrupali and Arekel, Block – Basna, District – Mahasamund under Jal Jeevan Mission in District Mahasamund.

3. The total estimated cost of the tender is 19.51 lakhs. The NIT was issued on 22.09.2023. The period of availability of bidding document on website was from 23.09.2023, at 10:00 a.m. to 12.10.2023 at 05:30 p.m. Submission of pre-bid queries in writing by e-mail was from 24.09.2023, at 10:00 a.m. to 27.09.2023 at 05:30 p.m. The pre-bid meeting in person was also facilitated from 28.09.2023 at 10:00 a.m. to 30.09.2023 at

05:30 p.m. The bidder are also provided the facilities of process of uploading of amendments, if any from 03.10.2023 at 10:00 a.m. upto 03.10.2023 05:30 p.m. of the same day, then the bidders could submit their OnLine bid from 23.09.2023 at 10:00 a.m. to 12.10.2023 upto 05:30 p.m. The last date of physical submission of original affidavit by IPO Speed Post was upto 13.10.2023 at 05:30 p.m. or next working day. The downloading and evaluation of pre-qualification of the document was from 14.10.2023 at 05:31 p.m. to 16.10.2023 upto 05:30 p.m. and uploading of provisional status of PQ on e-procurement portal (latest Notice) section from 16.10.2023 at 05:31 p.m. to 18.10.2023 at 12:00 p.m. The invitation of claim and objection was also from 18.10.2023 at 10:00 a.m. to 19.10.2023 upto 05:30 p.m. and opening of financial bid was 20.10.2023 from 10:00 a.m. onwards.

4. It was also the condition in the e-tender that the Technical bid and the Financial bid shall be submitted through OnLine only and if any addendum/corrigendum/amendment notice if needed shall be uploaded on e-procurement website. The office of the DWSM/CGPHED/JJM, Chhattisgarh reserved all the rights to accept or reject any form in full or part without assigning any reason at any stage.

5. As per the instruction enclosed in the tender form, the bidders were required to submit their documents along with their bid in which one of the condition was that the bidders should have submitted his certificate relating to his own drilling rigs and its capacity for its verification which should not be more than 3 months old. Sub clause 1.3 of Clause-1 of Section B is reproduced herein below for kind perusal.

“1.3 Lo;a ds LokfeRo ds fMªfyax fjxks dh la[;k izdkj rFkk {kerk ds LkR;kiu grs q yksd LokLF; ;kWf=dh foHkkx }kjk tkjh funsZ’kkuqlkj xfBr fo-@;kWa- ,oa flfoy [k.M ds rhu lnL;h; lfefr }kjk fu/kkZfjr izi= esa tkjh izek.k&i= ¼lR;kfir gksuk vko’;d gS] rFkk lR;kiu] fufonk tkjh gksus ds fnukad ls vf/kdre 03 ekg iwoZ dk gks½”

6. The petitioner firm also participated in tender process and submitted its bid as per the instruction annexed with the tender form. On 27.12.2023, the petitioner firm was informed through e-mail that its bid has been rejected during part-1 Evaluation i.e. (techno commercial evaluation) by the Department, for tender number 148181 of Public Health Engineering Depart