A PWD contractor, the lowest bidder in two tenders, challenged the cancellation and re-tender of both works, claiming it was fully qualified since its electrical licence and PWD registration had been renewed. The court held it had no valid PWD registration when the bids were submitted, and dismissed the writ 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 SMT. JUSTICE P.V.ASHA
TUESDAY, THE 13TH DAY OF OCTOBER 2020 / 21ST ASWINA, 1942 WP(C).No.20622 OF 2020(C)
PETITIONER/S:
M/S. ESSJAY ELECTRONICS PVT. LTD., REPRESENTED BY ITS DIRECTOR, JAYAN K.S., KALLINGA PARAMBIL, NOCHIMA, NAD P.O., ALUVA-683563.
BY ADVS.
SRI.K.L.VARGHESE (SR.) SMT.SANTHA VARGHESE SRI.RAHUL VARGHESE SRI.RANJITH VARGHESE
RESPONDENT/S:
1 THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE CHIEF ENGINEER, ELECTRICAL WING, PWD, OFFICE OF THE CHIEF ENGINEER BUILDING, PUBLIC OFFICE, MUSEUM P.O., THIRUVANANTHAPURAM-695033.
3 THE EXECUTIVE ENGINEER, PWD, ELECTRICAL DIVISION, PMG, THIRUVANANTHAPURAM-695033.
R2 BY SMT.VINITHA.B, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.20622 OF 2020 2
JUDGMENT C.R.
Dated this the 13th day of October 2020
Petitioner is a PWD Contractor. Pursuant to
Ext.P6 tender notice dated 10.07.2020 inviting e-tenders for the work of NABARD Assistance under RIDF XII(2015-2016)-Construction of Oncology centre for District Hospital at Tirur in Malappuram District” the petitioner submitted his bid on 28.07.2020. The tenders were opened on 04.08.2020. In Ext.P7 details uploaded in the website after the evaluation of bids, the petitioner was shown as the lowest tenderer among the 8 tenderers who quoted for the work. The petitioner had quoted -9.98% on the estimate
rate. It is stated that the petitioner had submitted his bid on 28.07.2020.
tender notice on 13.07.2020 for the work of SITC
of 250 KVA DG set with AMF panel and providing main panel board in VBI, Palode, Thiruvananthapuram. The petitioner had
submitted his bid pursuant to that on
WP(C).No.20622 OF 2020 3
25.07.2020. The tenders were opened on 30.07.2020. Ext.P9 details uploaded after
evaluation of the tenders would show that the petitioner was the lowest tenderer for that work also among the 3 tenderers. Relying on Ext.P10 bid list details published in the website in the
forenoon of 23.09.2020, with the status uploaded on 04.08.2020, the petitioner stated
that bids submitted by 3 tenderers including that of the petitioner were accepted pursuant to the tender notice Ext.P8 relating to the work at Palode. Producing Ext.P9 list prepared by the petitioner it is claimed that the petitioner is the lowest tenderer, having quoted at -7.29% below the estimate.
respect of the work at Tirur covered by Exts.P6 and P7, uploaded by the respondents on 22.09.2020 a corrigendum was issued to the
effect that the work was being retendered on direction from Chief Engineer Buildings, for the reason “inadequate confirmatory documents”.
WP(C).No.20622 OF 2020 4
It was also stated : “The tender has been
retender before technical bid opening summary.” Ext P18 tender details as downloaded from the
website would show that the bid submission based on re-tender would start from 23.09.2020 and would end on 05.10.2010 and the bids would be opened on 09.10.2020.
in Ext.P8 for the work in Palode Ext.P19 tender summary report was notified on 23.09.2020, with corrigendum details informing cancellation of the tender covered by Ext.P8 for the reason “insufficient no. of qualified tenderers” with the description “as the L1 bidder not qualified the above tender call is decided to cancel. It
was also stated therein that tender cancelled before technical bid opening summary.
State Electricity Licensing Board (KSELB) had renewed its electrical contractor's license -
Class A upto 27.01.2026 as per Ext.P2 endorsement dated 16.01.2020. On 2.12.2019, it
WP(C).No.20622 OF 2020 5
had as per Ext.P3 letter addressed the Chief Engineer PWD, requesting for renewal of his Electrical A Contractor's registration stating that the same will expire on 27.01.2020 and that statutory fee was paid on 28.12.2019 by way of e.challan and assuring production of the originals of the registration card along with the Inspectorate license would be produced immediately on receipt of it. It is stated that as per Ext.P5 receipt issued on 17.01.2020 the Electrical Inspectorate had renewed its license for a period of 6 months from 27.1.2020 or till the completion of the process of renewal whichever is earlier. The tender notifications and submission of bids were thereafter. The petitioner thereafter as per Ext.P11 letter dated 03.08.2020 requested the 2nd respondent to renew its PWD registration, pointing out the renewal of its A Class Contract licence from the Electrical Inspectorate upto 27.01.2026,
enclosing copies of the licenses and copy of fee remitted. The petitioner had also informed
WP(C).No.20622 OF 2020 6
that it would bring the original of the licenses and further details if any required if a date convenient to the 2nd respondent was informed. As per Ext.P12 letter dated 12.08.2020 the 2nd respondent informed that it has to produce all the documents called for in their letter dated 16.03.2020 on any working day, enclosing a copy of the letter dated 16.03.2020 (Ext.P13), by which the petitioner was asked to produce the original of its license, performance certificate attested by superior authority/quoted certificate in respect of 5 works, capability certificate and copy of income tax returns for the year 2019-20. According to the petitioner, it had never received Ext.P13 letter dated 16.03.2020 from the 2nd respondent and that it came to know about it for the first time on receipt of the same along with Ext.P12 letter. The petitioner thereafter submitted Ext.P14
solvency certificate, Ext.P15 experience certificate dated 31.10.2018 and copy of income tax return Ext.P16 before the 2nd respondent. As
WP(C).No.20622 OF 2020 7
per Ext.P17 dated 17.08.2020, the 2nd respondent renewed the license till 31.03.2023.
petitioner became L1 based on the bid submitted
by him pursuant to Ext.P6 NIT, during verification of technical specifications of the bidders it was found that the petitioner was not
WP(C).No.20622 OF 2020 8
having a valid license at the time of submitting
bid. It is stated that in Ext.P6, tenders were
invited from PWD registered A class HT contractors with not less than 1000 KVA. As per Clause 2306.1 of Ext R2(a) PWD manual, only PWD
registered contractors are eligible to quote for Public Works. The petitioner who has submitted Ext.R2(b) declaration agreeing to comply with the provisions in revised PWD Manual, is bound by it. It is stated that as per Ext.P3 letter dated 28.12.2019, the petitioner had submitted only a chalan receipt and copy of PWD
Registration card, assuring that the original of the PWD A class registration card would be produced later along with the Electrical Inspectorate license. It is stated that
production of the original registration card is required, as renewal is done manually in the
original itself. As per letter dated
25.01.2020, the petitioner forwarded a copy of a receipt from the electrical inspectorate granting temporary extension of license without
WP(C).No.20622 OF 2020 9
producing the original PWD Contractor registration card and other documents. It is stated that though the deficiencies in its
application for renewal were intimated to it as
per letter dated 16.03.2020, which was
dispatched to the petitioner as per entries in
Ext.R2(d), the petitioner submitted the documents only after 13.08.2020. It is stated
that after the petitioner got renewal of license
from KSELB, it applied for renewal of registration with PWD only on 03.08.2020 and produced the requisite documents only on 13.08.2020, pursuant to Ext.R2(c) letter dated 13.08.2020. On production of the original
registration card along with other documents,
its registration with PWD was renewed on 18.08.2020. It is stated that in the absence of
valid registration at the time of tender based
on Exts.P6 and P8, the petitioner was not
eligible to participate in the tender.
Moreover, there was no notarised affidavit also. Since the petitioner did not fulfill both these
WP(C).No.20622 OF 2020 10
mandatory requirements, its tenders were invalid. It is stated that the work is re-
tendered on directions from the Chief Engineer who is competent to accept or reject any tender even without assigning any reason, as per the bid document.
affidavit stating that as per para.6(a) and (b) of Clause 1901 of PWD Manual (Ext.P20) the 2nd
respondent was bound to renew its registration or inform the reason for its refusal to renew
the registration before 1st March 2020, when the petitioner had already submitted its application for renewal on 28.12. 2019. As there was no intimation stating the reasons for refusal to
grant renewal, the petitioner cannot be saddled with any consequences. Its further contention is that in view of Ext.P17 renewal upto 31.03.2023,
the registration is deemed to have been renewed
from 27.01.2020 and that at the time of Exts.P6
and P8 tenders, it was having valid registration. According to it, as long as
WP(C).No.20622 OF 2020 11
contractors are not asked to discontinue the
ongoing works for want of registration, the petitioner cannot be said to have any disqualification on account of the delay occurred in granting renewal. The petitioner raises another fresh contention in the reply
affidavit that in the light of Ext.P21 Government order dated 27.12.2019, there need be
only one registration as Contractor and therefore the registration from Electrical Inspectorate was sufficient and valid to determine its qualification as a registered tenderer. Relying on Ext.P22 order issued by the Government on 04.08.2020, the petitioner claims that the condition relating to production
of notarised affidavits is dispensed with by the Government since the petitioner was also in containment zone and the submission of such an
affidavit cannot be treated as a mandatory or essential obligation so as to reject the tender.
K.L.Varghese, the learned Senior Counsel and
WP(C).No.20622 OF 2020 12
Smt. B.Vinitha the learned Government Pleader.
for in Ext.P6 as well as Ext.P8 stand cancelled and retendered based on which the petitioner can
very well participate pursuant to those notices
inviting tender. However, the learned Senior Counsel asserts that a decision on the
eligibility or rather disqualification of the petitioner in submitting its bid pursuant to Exts.P6 and P8 notices inviting tenders (NIT) is required. Therefore, first of all it is
necessary to have a look at the respective NITs.
11.By Ext.P6 NIT relating to work at
Tirur, online bids were invited from the
“ Registered Bidders of Kerala PWD. ” The
classification of bidder in sl.no.8 of the table describing the work tendered in Ext.P6 is given
as “PWD Registered A Class HT Contractor Competency not less than 1000 KVA.” . The last
date for submission of bid was 28.07.2020 and
date of opening the bid was 04.08.2020.
WP(C).No.20622 OF 2020 13
Similarly by Ext.P8 NIT, relating to the work at Palode, online bids were invited from “Registered Bidders of Kerala PWD/Central PWD/Other Central or State Government
Departments/State or Central Public Sector Undertakings, etc” . In this NIT also classification of bidder in sl. no.8 of the
table describing the work tendered in Ext.P6 is
given as “PWD Registered A Class Contractor Compatibility not less than 250 KVA.” . The last date for submission of bid was 25.07.2020 and date of opening the bid was 30.07.2020. Admittedly, the petitioner has submitted the bid pursuant to these NITs. None of the provisions therein is under challenge in this Writ Petition
and if at all such a challenge is raised, that could not have been entertained once the petitioner submitted its bid without any demur. The petitioner does not have any complaint over the NITs. Therefore, indisputably, one should have registration as A Class PWD Contractor and it should have the competency to undertake
WP(C).No.20622 OF 2020 14
electrical work of 10000 KVA. Moreover, the
NITs calling for tenders from PWD registered contractors are seen issued in tune with Clause 2306.1, according to which, the electrification works in Government buildings shall be arranged only through competent PWD registered electrical
contractors. The petitioner cannot go back either from the conditions stipulated in the NIT or from the declaration in Ext. R2(b) affidavit
whereby it agreed to be bound by the specifications, requirements, etc. in various provisions including those in revised Kerala PWD Manual 2012.
is whether the petitioner was having registration as PWD Contractor at the relevant time of Exts.P6 and P8 tenders. Ext.P17 is the copy of the registration card of the petitioner as PWD Contractor. From Ext.P17 it is seen that
the last renewal of registration was on 16.09.2017 for the period upto 27.01.2020. Thereafter, renewal is on 18.08.2020 for the
WP(C).No.20622 OF 2020 15
period upto 31.03.2023. Ext.P17 would also show that the previous renewal upto 27.01.2020 was
granted on 16.09.2017 on the strength of capability certificate issued by the Catholic Syrian Bank on 28.01.2017 and the renewal on
18.08.2020 was granted on the strength of capability certificate issued on 13.07.2020. At the time of Exts.P6 or P8 tender there is no registration with PWD. The NIT does not permit those who are waiting for renewal to participate in tender.
Writ Petition was that once the Electrical Inspectorate renewed the license till 27.01.2026, it was only a procedural formality
for the 2nd respondent to grant renewal and since
renewal was granted as per Ext.P17 on 18.08.2020, it should be deemed that the
petitioner was having valid registration at the
time of tender, since the date from which
renewal is granted is not stated. Even assuming
that a renewal takes effect from the expiry of
WP(C).No.20622 OF 2020 16
the duration of previous registration, as on the
date on which the bid was submitted or bid was open, there was no registration.
already submitted Ext.P3 application for renewal of registration on 28.12.2019 remitting the prescribed fee and the delay in granting renewal cannot adversely affect it. On a perusal of Ext.P3 letter it is seen that the petitioner submitted the said letter enclosing a photocopy of the A class registration card and challan receipt stating that the process of renewal of A class All HT Contractor's license from Chief Electrical Inspectorate was under process and the original of the said license along with the original of PWD registration card would be produced immediately on its receipt. Subsequent to that letter, the Chief Electrical Inspector renewed the license as per Ext.P5 receipt dated 17.01.2020 for a period of 6 months from 27.01.2020 or till issuance of renewal. Based on that petitioner submits Ext.P4 letter on
WP(C).No.20622 OF 2020 17
25.01.2020 requesting the 2nd respondent for renewal for 6 more months producing the copy of Ext.P5 and copy of PWD Registration card. The respondents assert that by Ext.P13 letter the petitioner was asked to produce the original license, performance certificate attested by superior authorities, capability certificate and
copies of income tax returns for 2019-20 alerting that production of original is necessary for renewal. The originals of the registration card or income tax returns or
capability certificate or the requisite
documents are not seen produced before the 2nd respondent before 13.08.2020. The respondents
have produced the Ext.R2(d) extract of the dispatch register which would show that Ext.P13 letter was sent to the petitioner by Speed post. In the reply affidavit the petitioner reiterates
that Ext.P13 is not served on it. But when Ext.R2(d) shows that the said letter was sent to the petitioner by registered post this Court need not go for any further adjudication on the
WP(C).No.20622 OF 2020 18
issue. Even otherwise the petitioner does not have a case that it produced all the requisite documents including the original of the registration card and other requisite documents before the 2nd respondent at any time before 13.08.2020.
WP(C).No.20622 OF 2020 19
petitioner provides : “xxx Applications for
renewal in the prescribed application form are to be submitted before 1st January together with
bank guarantee solvency certificate . ” Apart
from that it required payment of fee also. But nowhere in the Writ Petition or in the reply affidavit or in any of the letters to the 2nd respondent either in Ext.P3 or Ext.P4 or even in Ext.P11 the petitioner has stated or referred to
the production of any solvency or capability certificate or even an application in the prescribed form. Para 6(b) provides: “The
registering authority can renew the registration or refuse to do so at his discretion following directions for registration as in para 4.xxxx”. Sub para 2 below para 6(b) which is relied on by the petitioner provides: “ The registering authority shall, before 1st March, issue the renewal card or intimate the fact of having
refused the request for renewal.” I am of the
view that Para 6 (b) including the Sub para 2
under it would apply only if there is an
WP(C).No.20622 OF 2020 20
application submitted in accordance with the
provisions in para 6(a). Therefore, the petitioner cannot have any right to invoke those provisions just because he submitted a letter to
the 2nd respondent, even assuming that it did not
get Ext.P13 letter asking production of documents.
new, raised in the reply affidavit is that in view of Ext.P21 order issued on 27.12.2019, a
single registration with any one of the
Engineering Departments authorised for
registering contractors is sufficient for a contractor to quote for works in all the
Engineering Departments/organisations of the
State. The petitioner claimed that the renewal
of licence by the Electrical Inspectorate is
sufficient for quoting the work in PWD and
further registration with PWD is not necessary.
The petitioner has nowhere stated that it got
'registration' from Electrical Inspectorate or
that the Electrical Inspectorate or the KSEBL is
WP(C).No.20622 OF 2020 21
a “Department authorised for registering
Contractors”. From Ext.P2 it is seen that the Kerala State Electricity Licencing Board (KSELB) had renewed the Electrical Contractor's license of the petitioner on 16.01.2020 for the period from 27/28.01.2020 to 27.01.2026. In the 2 nd page of Ext.P2 licence issued by KSELB, it is stated that the petitioner has been authorised
to carry out the classes of electrical installation works detailed in page 3 in the State of Kerala and that the said licence is issued under Rule 45 of the Indian Electricity Rules, 1956 (which was then in force) and it would be subject to such conditions the Board may issue from time to time. The 3 rd page shows
“All LT/MV/HT Installations only”. Ext P2 is only a “license'' issued by the KSEL Board. A licence issued by a 'Board' cannot be said to be
a 'registration' or one issued by an 'Engineering department' or registration with PWD. The licence issued by the KSELB would
enable the contractor to carry out electrical
WP(C).No.20622 OF 2020 22
installation work. There is nothing seen stated in the licence produced by the petitioner, that licensee would be a registered contractor under PWD. No provision is also brought to my notice that the licence issued by the Electrical Inspectorate/KSELB would enable the contractor to carry out work in PWD where a separate registration is required or that any licensed contractor would be treated as a registered Contractor under PWD. Even Ext.P21 order would not help the petitioner. T here is nothing in Ext.P21 which relates to any department other than those mentioned in the order and to which PRICE software relates. Moreover, a reading of Ext.P21 Government order shows that the said order related to the registration of contractors with PWD, Irrigation and LSGD. Clause 2 of the said order provides that from 01.04.2020 a contractor need be registered through the online system in any one of the Engineering departments authorised for registering contractors and a contractor need have only one registration for a
WP(C).No.20622 OF 2020 23
category of work irrespective of the registering departments. Para.2 of the order has to be read along with the opening paragraph. It is also relevant to note that copy of the order is also marked only to those 3 departments. The learned Senior Counsel relied on clause 3 and 4 of
para.2 of the G.O that the registering authorities who issued valid contractor registration and renewals prior to 01.04.2020 shall enter the details of all existing valid contractors of registration and renewals as per their hard copy Contractor registration and renewal register as backlog entry in PRICE software before 31st March 2020 and from 01.04.2020 the licence renewals shall be done only through the online system. Though the learned Government Pleader submitted that the said order is not yet implemented due to the outbreak of Covid 19 pandemic, the learned
Senior Counsel argued that after the issuance of
Ext.P21 order production of original
registration card with PWD is not necessary and
WP(C).No.20622 OF 2020 24
on that ground the renewal was not liable to be
deferred. Even assuming that the G.O came into
force, there is nothing in Ext.P21 to show that
a licence would substitute registration or that
renewal of registration does not require any other documents as required in Ext.20 PWD Manual, which is relied on by the petitioner
itself. The petitioner also does not have a
case that an online application was submitted by it.
order dated 04.08.2020, that notarised affidavit
is not necessary also cannot be accepted as even the last date for submission of bid was much
prior to that date. It is settled law that an
executive order cannot have any retrospective effect.
In the above circumstances, I find that
there is no valid ground for this Court to
interfere with the finding of the tendering
authority that the petitioner did not have
valid registration with PWD as A Class
WP(C).No.20622 OF 2020 25
Contractor at the time of Exts.P6 and P8 tenders. Hence I am of the considered view that
neither Ext.P18 nor P19 require any interference. Accordingly, the Writ Petition is dismissed.
Sd/-
P.V.ASHA
JUDGE
uu
WP(C).No.20622 OF 2020 26
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE REGISTRATION CERTIFICATE EVIDENCING THAT PETITIONER IS AN MSME UNIT ISSUED BY THE NATIONAL SMALL INDUSTRIES CORPORATION LIMITED (NSIC). |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE CERTIFICATE ISSUED BY THE KERALA STATE ELECTRICITY LICENSING BOARD (KSELB), THIRUVANANTHAPURAM, RENEWING THE ELECTRICAL CONTRACTOR'S LICENCE CLASS A UPTO 27/01/2026. |
| EXHIBIT P3 | TRUE COPY OF THE CERTIFICATE VALID UPTO 27/01/2020 ALONG WITH THE COVERING LETTER DATED 28/12/2019 SEEKING FOR RENEWAL FOR 6 YEARS AT PAR WITH THE VALIDITY OF EXT.P2 INSPECTORATE LICENSE SUBMITTED TO THE 2ND RESPONDENT CHIEF ELECTRICAL ENGINEER. |
| EXHIBIT P4 | TRUE COPY OF THE LETTER DATED 25/01/2020 ISSUED BY THE PETITIONER TO THE CHIEF ELECTRICAL ENGINEER, PWD ELECTRICAL WING, THIRUVANANTHAPURAM (2ND RESPONDENT). |
| EXHIBIT P5 | TRUE COPY OF THE RECEIPT FROM THE KERALA STATE ELECTRICAL INSPECTORATE DEPARTMENT NO. NIL. DATED 17/01/2020 ACKNOWLEDGING RECEIPT OF THE COPY OF THE CERTIFICATE NO.CA/279. |
| EXHIBIT P6 | TRUE COPY OF THE TENDER NOTICE DATED 10/07/2020 ISSUED BY THE 2ND RESPONDENT CHIEF ELECTRICAL ENGINEER, ON BEHALF OF THE GOVERNOR OF KERALA, FOR THE WORK OF NABARD ASSISTANCE UNDER RIDF-XXI (2015-2016)- CONSTRUCTION OF ONCOLOGY CENTRE FOR DISTRICT HOSPITAL AT TIRUR IN MALAPPURAM DISTRICT. |
| EXHIBIT P7 | TRUE COPY OF THE LIST OF 8 TENDERERS WITH QUOTED VALUE, TENDER DEDUCTION IN PERCENTAGE AND POSITION OF THE |
WP(C).No.20622 OF 2020 27
| TENDERERS FROM L1 TO L8 ALONG WITH BID LIST DETAILS AS APPEARED IN THE WEBSITE.Q |
|
|---|---|
| EXHIBIT P8 | TRUE COPY OF THE TENDER FOR THE WORK OF SITC OF 250 KVA DG SET WITH AMF PANEL AND PROVIDING MAIN PANEL BOARD IN VBI, PALODE, THIRUVANANTHAPURAM ISSUED ON 13/07/2020 BY THE 3RD RESPONDENT EXECUTIVE ENGINEER. |
| EXHIBIT P9 | TRUE COPY OF THE LIST SHOWING THE DETAILS OF THE WORK, NAME OF THE TENDERERS, QUOTED VALUE, PERCENTAGE EXCESS/DEDUCTION AND STATUS AS L1, L2 AND L3. |
| EXHIBIT P10 | TRUE COPY OF THE BID LIST DETAILS APPEARED FROM THE WEBSITE OF THE RESPONDENTS RELATING TO EXT.P8 WORK SHOWING THAT THE DOCUMENTS RELATING TO FEE, PREQUALIFICATION DOCUMENTS, TECHNICAL BID AND FINANCIAL BID HAVE BEEN RECEIVED AND ACCEPTED WITH DATE AND TIME. |
| EXHIBIT P11 | TRUE COPY OF THE LETTER DATED 03/08/2020 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT CHIEF ELECTRICAL ENGINEER ALONG WITH POSTAL ACKNOWLEDGMENT RECEIPT DATED 06/08/2020. |
| EXHIBIT P12 | TRUE COPY OF THE LETTER DATED 12/08/2020 ISSUED BY THE CHIEF ELECTRICAL ENGINEER TO THE PETITIONER. |
| EXHIBIT P12(A) | TRUE COPY OF THE TYPED LEGIBLE COPY OF EXT.P12 LETTER DATED 12/08/2020. |
| EXHIBIT P13 | TRUE COPY OF THE LETTER DATED 16/03/2020 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. |
| EXHIBIT P14 | TRUE COPY OF THE SOLVENCY CERTIFICATE DATED 13/08/2020. |
| EXHIBIT P15 | TRUE COPY OF THE CERTIFICATE OF EXPERIENCE ISSUED BY THE EXECUTIVE ENGINEER, PWD, ELECTRICAL DIVISION, THRISSUR DATED 31/10/2018 ENCLOSING A |
WP(C).No.20622 OF 2020 28
LIST OF 5 WORKS COMPLETED BY THE PETITIONER.
EXHIBIT P16 TRUE COPY OF THE INCOME TAX RETURN ACKNOWLEDGMENT. EXHIBIT P17 TRUE COPY OF THE LICENSE RENEWED BY THE 2ND RESPONDENT ON 18/08/2020 VALID UPTO 31/03/2023. EXHIBIT P18 TRUE COPY OF THE TENDER SUMMARY REPORTS SHOWING THAT THE WORK HAS BEEN RETENDERED FOR SUBMISSION ON 05/10/2020 AS PUBLISHED IN THE E- PORTAL ON 22/09/2020 AFTER 49TH DAY OF TENDER OPENING. EXHIBIT P19 TRUE COPY OF THE CORRIGENDUM ISSUED BY THE RESPONDENTS PUBLISHED IN THE E-TENDER PORTAL ON 17/09/2020 WITH DESCRIPTION THAT L1 BIDDER (PETITIONER)NOT QUALIFIED AND THEREFORE TENDER CALL IS DECIDED TO BE CANCELLED ON THE REASON STATING THAT INSUFFICIENT NUMBER OF QUALIFIED BIDDERS IN RESPECT OF PALODE, THIRUVANANTHAPURAM WORK UNDER EXT.P8. EXHIBIT P20 TRUE COPY OF THE PWD MANUAL WHICH CONTAINS CLAUSE 1901 AND PARA 6(a): AND (b). EXHIBIT P21 TRUE COPY OF THE GOVERNMENT ORDER DATED 27/12/2019. EXHIBIT P22 TRUE COPY OF THE GOVERNEMNT ORDER DATED 04/08/2020. EXHIBIT P23 TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT RECEIPT EVIDENCING RECEIPT OF COPY OF EXT.-4 BY THE OFFICE OF THE 2ND RESPONDENT ON 29/01/2020. EXHIBIT P24 TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT RECEIPT EVIDENCING RECEIPT OF THE SAME DATED 30/12/2019 BY THE 2ND RESPONDENT.
RESPONDENT'S/S EXHIBITS: EXHIBIT R2(a): A TRUE COPY OF THE RELEVANT PAGE OF THE PWD MANUAL SHOWING CLAUSE 2306.1
WP(C).No.20622 OF 2020 29
EXHIBIT R2(b): A TRUE COPY OF THE SIGNED DECLARATION SUBMITTED BY THE PETITIONER.
EXHIBIT R2(c): A TRUE COPY OF THE LETTER NO.ESJ/GEN/41/20-21 DATED 13/08/2020. EXHIBIT R2(d): A TRUE COPY OF THE DISPATCH REGISTER SHOWING THE DETAILS OF DISPATCH ON 20/03/2020.
3 issues framed by the court
Whether the petitioner, a PWD contractor, held a valid PWD registration at the time of submission of its bids pursuant to the two tender notices.
Whether the electrical contractor's licence renewed by the Electrical Inspectorate/KSELB is a substitute for registration with the PWD.
Whether the requirement of a notarised affidavit stood dispensed with by the Government order dated 04.08.2020.
2 provisions across 1 enactments
M/s. Essjay Electronics Pvt. Ltd., represented by its Director, Jayan K.S.
The State of Kerala, represented by the Chief Secretary to Government
The Chief Engineer, Electrical Wing, PWD
The Executive Engineer, PWD, Electrical Division
P.V. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
