Order

08/03/2019

1. The petitioner admittedly challenges the condition No.24 incorporated in the bid document by the respondents which has resulted in ousting the petitioner from participation and is having been rejected.

2. E-Bid was conducted by the Nagaur District Co-operative Milk Producers Union Ltd., Nagaur in terms of the Rajasthan Transparency in Public Procurement Act, 2012 (hereinafter referred as ‘RTPP Act’). As per the said Act, Section 38, appeal would lie against any decision, action or omission of the procuring entity which is in contravention to the provision of the Act or the Rules thereunder.

3. Learned counsel appearing for the petitioner submits that the appeal would not lie under Section 38 of the RTPP Act as the contentions of the petitioner is that the conditions incorporated is in contravention of the Rajasthan Contract Labour (Regulation and Abolition) Act, 1970 and the Rajasthan Contract Labour (Regulation and Abolition) Rules 1971.

4. I have considered the submissions. Taking into consideration that the petitioner’s bid rejection is on account of the condition incorporated by the procuring entity under clause 24 of the bid document and the decision of the proc