A writ petition challenging the rejection of a contractor's bid for civil works in a live 110 KV substation was dismissed, as the court held the respondents were justified in requiring specific experience in piling works.
WP dismissed; Ext.P1 tender rejection upheld; petitioner not declared eligible.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 1ST DAY OF FEBRUARY 2022 / 12TH MAGHA, 1943
WP(C) NO. 2488 OF 2022
PETITIONER:
L R LAKSHMANAN,
AGED 51 YEARS
PWD CONTRACTOR, 'GOKULAM', TC 9/1718, PANGODE,
THIRUVANANTHAPURAM-695 010.
BY ADV AJITH KRISHNAN
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD LTD., REPRESENTED BY MANAGING DIRECTOR, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695 004.2 THE CHIEF ENGINEER (TRANSMISSION SOUTH), KERALA STATE ELECTRICITY BOARD LTD., VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-695 004.3 THE DEPUTY CHIEF ENGINEER, TRANSMISSION CIRCLE, KERALA STATE ELECTRICITY BOARD LTD., PATTOM, THIRUVANANTHAPURAM-695 004.4 THE EXECUTIVE ENGINEER, TRANSMISSION CIRCLE, KERALA STATE ELECTRICITY BOARD LTD.,KAZHAKUTTOM, THIRUVANANTHAPURAM-695 582.BY ADV NIRMAL.S R1 TO R4
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 2488 OF 2022 2
JUDGMENT
Dated this the 1st day of February, 2022
The petitioner, who is a Public Works Department Contractor, is aggrieved by the rejection of his bid. The petitioner seeks to quash Ext.P3 and to declare that petitioner is eligible and qualified to participate in Ext.P1 tender and participate in the further tender proceedings.
WP(C) NO. 2488 OF 2022 3
works. It is aggrieved by the rejection of the petitioner’s bid, the writ petition is filed.
WP(C) NO. 2488 OF 2022 4
WP(C) NO. 2488 OF 2022 5
contain anything to conclude that the petitioner is experienced in similar works. Ext.P2 only established that the petitioner had experience in improvement in road work. Ext.P2(2) document produced by the petitioner related to a period more than three years ago.
WP(C) NO. 2488 OF 2022 6
and the learned Standing Counsel representing the respondents.
WP(C) NO. 2488 OF 2022 7
Division. Ext.P2(3) does not disclose that the petitioner is experienced in similar works.
In view of the facts stated above, this Court does not find any illegality or arbitrariness in rejecting the tender submitted by the petitioner pursuant to Ext.P1. The writ petition is therefore without any merit and it is dismissed.
sd/-
N.NAGARESH
JUDGE
hmh
WP(C) NO. 2488 OF 2022 8
APPENDIX OF WP(C) 2488/2022
PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE RELEVANT PAGE OF THE
TENDER DOCUMENT ISSUED BY THE 4TH
RESPONDENT.
Exhibit P2TRUE COPY OF THE EXPERIENCE CERTIFICATE
PRODUCED BY THE PETITIONER BEFORE THE
RESPONDENTS.
Exhibit P3TRUE COPY OF THE PROCEEDINGS DATED
10.01.2022 REJECTING THE TENDER OF THE
PETITIONER ISSUED BY THE 1ST RESPONDENT.
Exhibit P4TRUE COPY OF THE REPRESENTATION DATED
17.01.2022 SENT TO THE RESPONDENT.
RESPONDENT’S EXHIBITS NIL
2 issues framed by the court
Whether rejection of petitioner's tender bid on grounds of lack of experience in specific civil works was arbitrary.
Whether experience in road improvement works qualifies a contractor for execution of piling works in a live substation.
L R LAKSHMANAN
KERALA STATE ELECTRICITY BOARD LTD.
THE CHIEF ENGINEER (TRANSMISSION SOUTH), KERALA STATE ELECTRICITY BOARD LTD.
THE DEPUTY CHIEF ENGINEER, TRANSMISSION CIRCLE, KERALA STATE ELECTRICITY BOARD LTD.
THE EXECUTIVE ENGINEER, TRANSMISSION CIRCLE, KERALA STATE ELECTRICITY BOARD LTD.
N. NAGARESH
As recorded by the court registry
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