The petitioner challenged the award of a civil work to the lowest bidder, arguing the latter lacked active registration on the bid date. The Court held that the lowest bidder was eligible for renewal and subsequent extension, dismissing the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
MONDAY, THE 7TH DAY OF AUGUST 2017/16TH SRAVANA, 1939
WP(C).No. 16822 of 2017 (C)
PETITIONER:
M/S.ABDUL HAKEEM 30 YEARS OF AGE, S/O.C.M.SEETHI HAJI, PWD CIVIL WORK CONTRACTOR, QUADRIYA MANZIL, MARA, CHENGLA P.O., KASARAGOD.
BY ADV. SRI.SHIRAZ ABDULLA
RESPONDENT(S):
1. THE SUPERINTENDING ENGINEER HARBOUR ENGINEERING, SOUTH CIRCLE, HARBOUR ENGINEERING DEPARTMENT, KAMALASWARAM, MANACAUD P.O.,
THIRUVANANTHAPURAM. 695 009
2. ABDULKALAM
PWD CONTRACTOR, 'KOCHUKOICKAL', NADUVATHUCHERRY, PANMANA, KOLLAM.
R1 BY GOVERNMENT PLEADER SMT. K. R. DEEPA R2 BY ADV. SRI.K.RAKESH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-08-2017, THE COURT ON 07-08-2017 DELIVERED THE FOLLOWING:
sdr/-
WP(C).No. 16822 of 2017 (C)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 COPY OF THE NOTICE INVITING TENDER
EXHIBIT P2 COPY OF THE VALID REGISTRATION OF THE PETITIONER
EXHIBIT P2(A) COPY OF THE EXPERIENCE CERTIFICATE OF THE PETITIONER FOR CONSTRUCTION OF BRIDGE FOR 2.20 CRORES
EXHIBIT P2(B) COPY OF THE RELEVANT PAGE OF THE BID DOCUMENT
EXHIBIT P3 COPY OF THE NAMES OF BIDDERS
EXHIBIT P3(A) COPY OF THE LIST OF RATE QUOTED BY EACH BIDDER
EXHIBIT P3(B) COPY OF THE LIST OF BIDDERS BASED ON THE AMOUNT QUOTED
EXHIBIT P4 COPY OF THE REGISTRATION CERTIFICATE SUBMITTED BY THE 2ND RESPONDENT ALONG WITH THE BID DOCUMENTS
EXHIBIT P5 COPY OF THE LETTER DTD. 11/4/2017 SUBMITTED BY THE PETITIONER
EXHIBIT P6 COPY OF THE RELEVANT PAGES OF THE BID DOCUMENT SUBMITTED BY THE 2ND RESPONDENT
EXHIBIT P7 COPY OF THE REGISTRATION CERTIFICATE OF MR. C. SAJEEV
EXHIBIT P7(A) COPY OF THE REGISTRATION CERTIFICATE OF HEATHER INFRASTRUCTURE (P) LDT.
EXHIBIT P7 (B) COPY OF THE REGISTRATION CERTIFICATE OF MR. ALEXANDER XAVIER.
EXHIBIT P7(C) COPY OF THE REGISTRATION CERTIFICATE OF MR. A. IBRAHIMKUTTY
WP(C).No. 16822 of 2017 (C) ----------------------------
RESPONDENT(S)' EXHIBITS
EXHIBIT R1(A) TRUE COPY OF THE LIST OF BIDDERS BASED ON THE AMOUNT QUOTED BY THEM EXHIBIT R1(B) RUE COPY OF THE RENEWED LICENSE OF THE 2ND RESPONDENT. EXHIBIT R2(A) TRUE COPY OF THE CONTRACTORS REGISTRATION CARD ISSUED TO THE PETITIONER IN FORM. 3 EXHIBIT R2(B) TRUE COPY OF THE FINANCIAL CAPABILITY CERTIFICATE OF THE 2ND RESPONDENT DATED 30.03.2017 EXHIBIT R2(C) TRUE COPY OF THE CHALAN DATED 4-3-3017 EVIDENCING THE PAYMENT OF MONEY. EXHIBIT R2(D) TRUE COPY OF THE GOVERNMENT ORDER AS G.O. (RT) NOP. 422/2017/PWD DATED, 30-03-2017 EXHIBIT R2(E) TRUE COPY OF THE GOVERNMENT ORDER DATED 25-04-2017 AS G.O. (RT) NO. 541/2017/PWD.
/TRUE COPY/
PA TO JUDGE
sdr/-
P.B.SURESH KUMAR, J.
W.P.(C) No.16822 of 2017
Dated 7th August, 2017.
J U D G M E N T
The petitioner is a registered contractor. Ext.P1 is an invitation of bids made by the first respondent for execution of a civil work. Though the petitioner submitted his bid in response to Ext.P1 invitation, he was not awarded the work as he was only th e second lowest bidder. The second respondent was the lowest bidder and consequently, the work was awarded to him. The case of the petitioner is that only contractors, who have active registration as on the date of submission of the bid, are entitled to participate in the tender process in terms of Ext.P1 invitation. The last date for submission of the bid pursuant to Ext.P1 invitation was 1.4.2017. According to the petitioner, the second respondent who submitted the bid on 1.4.2017 was not holding active registration as on that date and that therefore, he was not entitled to participate in the tender
WPC No.16822 of 2017
2
process. The petitioner, therefore, seeks directions to the first respondent to award the work to the petitioner in his capacity as the second lowest bidder.
WPC No.16822 of 2017
3
learned Government Pleader as also the learned counsel for the second respondent.
WPC No.16822 of 2017
4
first respondent in treating the second respondent as a person who is having a valid and active registration as on 1.4.2017. If such a view is not adopted in matters like this, by causing delay in the process of renewal of the registration or by delaying the process of renewal of registration, eligible contractors could be excluded from participating in the tender processes.
WPC No.16822 of 2017
5
accordingly, dismissed.
Sd/-
P.B.SURESH KUMAR, JUDGE.
tgs
(true copy)
3 issues framed by the court
Whether an eligible bidder can claim violation of tender rules when the lowest bidder submitted a bid after his active registration expired but before a renewal application was disposed of, and consid
Whether the benefit of a government order extending registration validity applies to bidders whose applications for renewal were pending at the time of bid submission.
Whether the petitioner as second lowest bidder is entitled to the government work when the lowest bidder is eligible due to timely renewal application and subsequent extension of validity.
M/s Abdul Hakeem
The Superintending Engineer Harbour Engineering
Abdulkalam
P.B. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
