per the eligibility condition of the subject tender, the experience and turnover was specified in clause 1.3. Inviting attention to clause 1.3.1, he submits that the bidder was to provide documentary evidence of having been actively engaged in the civil construction works business during the last five years in the role of Prime Contractor, partner in joint venture or sub-contractor. According to him, clause 1.3.1 required only a document of the nature as specified. He submits that in pursuance thereto, the petitioner had placed on record a number of documents including those issued by M/s. AFCONS Infrastructure Limited as well as M/s. Jay Pee Infratech. Referring to the document dated 30.03.2021 issued by M/s. AFCONS, he submits that it has been clearly specified in the said contract document that the petitioner is a sub-contractor while AFCONS is the main contractor for the employer – Uttar Pradesh Expressway Industrial Development Authority. He forcefully contended that when this document is available on record before the NHAI, the disqualification of the technical bid is impermissible. Similarly, he also invited the attention of this Court to the certificate issued by M/s. Jay Pee Infratech dated 02.05.2025, wherein it has been categorically mentioned that the petitioner has executed the relevant works as Prime Contractor. He vehemently contended that when both documents clearly pointed out that the petitioner has executed the stipulated works both as a sub-contractor as also the Prime Contractor, the NHAI could not have disqualified the bid of the petitioner.
