Fresh tender invokation The writ petition challenging the rejection of the petitioner's lowest bid is disposed of, holding that since the respondent's decision to invite a fresh tender is permissible, the petition stands dismissed with liberty to participate in the new tender process.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 18TH DAY OF SEPTEMBER 2020 / 27TH BHADRA, 1942
WP(C).No.17039 OF 2020(D)
PETITIONER:
JAMSHEER A.V. AGED 38 YEARS
S/O.ABDULLA, ARUVEETTIL HOUSE, NSS COLLEGE P.O., MANJERI, MALAPPURAM DISTRICT, PROPRIETOR OF SAFA SPECIALTY LABORATORY, 14/2531 K, MEDICAL COLLEGE ROAD, MANJERI, MALAPPURAM DISTRICT.
BY ADV. SRI.K.RAKESH
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND SOCIAL JUSTICE, SECRETARIAT, TRIVANDRUM, PIN-695001.
SMT.PRINCY XAVIER ,GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.ASHA, J.
=========================== W.P(C).No.17039 of 2020 =========================== Dated this the 18th day of September, 2020
JUDGMENT
The petitioner, who participated in the bid pursuant to Ext.P1 tender notice, filed this writ petition seeking a direction to third respondent to award
the contract pertaining to Ext.P1, simultaneously challenging Ext.P5 order passed by the Superintendent of Government Medical College, Manjeri. Petitioner's contention was that though the petitioner's bid was the lowest, respondents were going to award the contract to the fourth respondent.
petitioner's bid was the lowest, it was unrealistic and in spite of giving opportunities to the petitioner as well as the other bidder, reply to the questionaire given by the petitioner was found unacceptable and unrealistic and it is decided to invite fresh tender.
clear that petitioner would be free to submit application as and when the tender is notified.
Sd/-
P.V.ASHA
JUDGE
lgk
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE E-TENDER NOTICE ISSUED BY THE 3RD RESPONDENT DATED 13.03.2020. EXHIBIT P2 TRUE COPY OF THE BOQ SUMMARY DETAILS PERTAINING TO THE TENDER IN QUESTION. EXHIBIT P3 TRUE COPY OF THE NOTICE RECEIVED BY THE PETITIONER FROM THE 3RD RESPONDENT, DATED 06.06.2020. EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 07.07.2020 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT P4(A) TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER TO EXHIBIT P4. EXHIBIT P5 TRUE COPY OF THE COMMUNICATION DATED 04.08.2020 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.
1 issue framed by the court
Whether the court should quash the order rejecting the petitioner's bid without inviting fresh tender.
Jamsheer A.V.
The State of Kerala represented by the Secretary to Government, Department of Health and Social Justice
The Director of Health Services
The Superintendent (Administration), Government Medical College, Manjeri
The Proprietor, Metro Specialty Hormone Laboratory
Smt. Princy Xavier
P.V. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
