Dismissed

M/S S a Pathan through Proprietor Shahid Abubkar Pathan v. Ahmednagar Cantonment Board Ahmednagar through Chief Executive Officer Ahmednagar

Bombay HC10 Jan 2018WP/314/2018

Case brief

AI extract

What is this about?

A writ petition challenging the rejection of a technical bid by the Ahmednagar Cantonment Board was filed. The petitioner, failing to submit an experience certificate from a Government Department as required, sought to quash the decision and direct acceptance of the bid. The Court found the rejection justified based on tender terms.

What did the court decide?

No relief granted; the Writ Petition stands rejected.

M/S S a Pathan through Proprietor Shahid… — Public Procurement and Tenders | Bombay HC (2018)

¶1

wp314.18

¶2

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶4

BENCH AT AURANGABAD

¶5

 WRIT PETITION NO.314 OF 2018

¶6

M/s. S.A. Pathan
Through Proprietor
Shahid Abubkar Pathan,
Age-35 years, Occu:Business,
R/o-Nagardeole Phata,
Burhanagar Road,
Plot No.58/3-B, Ahmednagar.

¶7

...PETITIONER

¶8

 VERSUS

¶9

Ahmednagar Cantonment Board,
Ahmednagar, Through
Chief Executive Officer,
Cantonment Board, Camp,
Bhingar, Ahmednagar.

¶10

...RESPONDENT

¶11

 ...
 Mr. Shaikh Mazhar A. Jahagirdar Advocate
 for Petitioner.
 Mr.S.B. Yawalkar Additional Government
 Pleader, for Respondent.
 ...

¶12

CORAM: S.S. SHINDE AND
 S.M. GAVHANE, JJ.

¶13

 DATE : 10TH JANUARY, 2018

¶14

wp314.18

¶15

¶16

ORDER :

¶17

1.This Petition under Article 226 of the

¶18

Constitution of India is filed with following
substantive prayers:

¶19

"B) To quash and set aside the decision
of Respondent dated 01-11-2017 thereby
rejected the technical bid of the

¶20

tender for different works which was
invitedbyetendernotice
No.ANR/MAIN/2017/18 Sr. No.7 dated
06-10-2017, by issuing writ of
certiorari or any other writ of like
nature,

¶21

C) To direct the respondent to accept

¶22

the technical bid of petitioner offered
in tender for different works which was
invited by e-tender notice No.
ANR/MAIN/2017/18Sr.No.7dated

¶23

wp314.18

¶24

¶25

06-10-2017, by issuing writ of mandamus

¶26

or any other writ of like nature."

¶27

2.It is the case of the Petitioner that

¶28

Respondent Cantonment Board had invited tender for
different works through e-tender notice bearing
No.ANR/MAIN/2017/18 Sr. No.7 dated 6th October,
2017 on the website for nine different works. The
works of civil natures regarding maintenance of
different cantonment building, roads, drain lines

¶29

etc. Prior to them present e-tender notice, the
Respondent office had earlier issued two notices

¶30

for the same work which were cancelled due to
insufficient bids. It is submitted that the
Petitioner had participated on all the three
occasions and had paid the tender form fees of
about Rs.75000/- which was non-refundable. The
Petitioner also deposited Earnest Money Deposit of
Rs.1,92,000/- which was refundable and had also

¶31

furnished bank guarantee of Rs.1,42,000/-. The
Petitioner submits that the tender was of four

¶32

wp314.18

¶33

¶34

stages namely, 1) Technical admission 2) Technical
evaluation, 3) Financial evaluation and 4) A.O.C.

¶35

As per the tender notice the participant had to
submit the documents such as I) Registration
Certificate of CPWD, PWD, MES Class PWD V. MES
Class D, II) The completion/experience certificate
of similar nature of work in Government Department
during last three years, III) Copy of Permanent
Account Number (PAN Card), IV) GST Number
registered with State and Central Government, V)
List of Technical Staff, VI) List of tool and
machinery, VII) Information about work in hand.

¶36

3.It is the further case of the Petitioner

¶37

that the Petitioner had complied with all the
terms and conditions and submitted all the
document required as per the tender notice. But
the Respondent, during the technical evaluation,
had rejected the bid of the Petitioner on the
ground that "No experience certificate submitted
from Government Department after registration."

¶38

wp314.18

¶39

¶40

Hence this Petition is filed by the Petitioner.

¶41

4. Learned counsel appearing for the

¶42

Petitioner submits that the reason given by the

¶43

Respondent for disqualifying the bid of the
Petitioner is totally wrong because he had filed
experience certificate and copies of work order
and work done from different Government agencies
such as Grampanchayats of various villages and
also Municipal Corporation, Ahmednagar, where the
petitioner had carried out the work of similar
nature as given in the tender notice. Inspite of
submitting the aforesaid documents, the Respondent
has disqualified the Petitioner's bid at technical
evaluation stage.

¶44

5.Learned counsel referring to the grounds

¶45

taken in the Petition, further submitted that the
Petitioner had quoted the tender below the rate

¶46

and his tender would have been accepted being the
lowest bid, but the Respondent informed that

¶47

wp314.18

¶48

¶49

whoever filed the tender below the estimated cost,
will have to give bank guarantee and though the
Petitioner had uploaded the bank guarantee along
with e-form which would have been opened at the

¶50

time of financial evaluation stage, but the
Respondent demanded the said bank guarantee in
physical form and it became known to the officers
and other bidders that the Petitioner had filed
the tender at the rate below estimated cost and

¶51

therefore to disqualify the Petitioner, the
officers of the Respondent Cantonment Board had
conspired with other bidders and on false and
wrong condition they have disqualified the
Petitioner and did not qualify him to the
financial evaluation stage. Learned counsel

¶52

therefore submits that the Petition deserves to be
allowed.

¶53

6.On the other hand, learned Additional

¶54

Government Pleader submitted that while submitting

¶55

the tender, the Petitioner has not annexed

¶56

wp314.18

¶57

¶58

experience certificate submitted from Government

¶59

Department, which was the pre-condition and
therefore the Respondent has rightly rejected the
tender of the Petitioner. It is therefore
submitted that the Petition deserves to be
dismissed.

¶60

7.We have carefully considered the

¶61

submissions made by the learned counsel appearing
for the Petitioner and learned Additional
Government Pleader appearing for the State. We
have also carefully perused the grounds taken in

¶62

the Petition and the documents placed on record.
We have carefully perused the notice dated 6th
October, 2017 inviting E-tender, wherein it was
specificallystatedthattheconcerned
contractors, along with Technical Bid, were

¶63

required to upload the documents mentioned in the
said notice. One of the document mentioned in the

¶64

said E-notice is "Experience Certificate of

¶65

similar nature of work in any Government

¶66

wp314.18

¶67

¶68

Departments, during last three years". Admittedly,
during the scrutiny of the technical bid of the
tender submitted by the Petitioner, the Respondent
authorities found that the Petitioner has not
uploaded/filedtheexperiencecertificate
submitted from Government Department, after
registration. Accordingly, by the communication
dated 14th November, 2017 the Chief Executive
Officer, Ahmednagar Cantonment Board, has notified

¶69

that the financial bid of the Petitioner was
rejected as the Petitioner has not filed/tendered
experience certificate submitted from Government
Department. From the perusal of the entire
documents placed on record, it appears that the
Respondent authorities have rightly rejected the
tender of the Petitioner for non-submission of
relevant documents. The experience certificates
submitted by the Petitioner were regarding the
work carried out in various Grampanchayats. Thus,
there is no arbitrariness in the action taken by
the Respondent Authorities.

¶70

wp314.18

¶71

¶72

8. Further, upon careful perusal of the

¶73

documents placed on record, it appears that the
tender notice was published on 6th October, 2017,
the decision of rejection of the Petitioner's
tender was taken on 14th November, 2017 and
challenging the said action of the Respondent, the
present Petition is filed on 5th January, 2018.
Thus, there is considerable delay on the part of
the Petitioner in approaching this Court. Though
it is submitted by the Petitioner that he had
earlier filed Civil Suit before the Court of Civil
Judge, Senior Division, Ahmednagar and after
realizing that the Petitioner has approached
before the wrong forum, the Petitioner had
withdrawn the said suit and filed present
Petition, the fact remains that by this time the
tender process might have been completed and also
the work might have been considerably completed by

¶74

the contractor to whom the tender is alloted.

¶75

wp314.18
10

¶76

9.In that view of the matter, for the
reasons stated herein above, we are not inclined

¶77

to entertain this Writ Petition. Hence the Writ
Petition stands rejected.

¶78

asb/JAN18

M/S S a Pathan through Proprietor Shahid Abubkar Pathan v. Ahmednagar Cantonment Board Ahmednagar through Chief Executive Officer Ahmednagar

Case brief

What is this about?

What did the court decide?

M/S S a Pathan through Proprietor Shahid Abubkar Pathan v. Ahmednagar Cantonment Board Ahmednagar through Chief Executive Officer Ahmednagar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/S Tanvi Constructions through Its Proprietor Sharad Digambarrao Tope Vs the State of Maharashtra and Others

Nitin Ramrao Nagargoje Vs the State of Maharashtra and Others

Peoples Education Society Mandane through Its Chairman J T Pawar and Another Vs the State of Maharashtra and Others

Dhule Education Society Dhule through Its Secretary Santosh Subhashchandra Agrawal and Others Vs the State of Maharashtra and Others

Bandy Association of Indians through Its Secretary Lovekumar Kaduba Jadhav Vs the General Secretary Ministry of Sports and Youth Affairs Government of India New Delhi and Anothe

Maulana Abdul Rahim Abdul Razzak Vs the State of Maharashtra and Another