Petitioner challenged tender eligibility criteria for warehouse handling. Court noted criteria were relaxed via corrigendum due to bidder grievances and found no illegality. Technical bids already opened, so petition dismissed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.07.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
W.P.No.16879 of 2018
K.Ashok Kumar
.. Petitioner
-vs-
Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Declaration, declaring that the conditions laid down in the tender duly called for by the Managing Director, Tamil Nadu Warehousing Corporation, No.82, Anna Salai, Guindy, Chennai 600 032, the first respondent herein for the appointment of handling and transport contractors for 41 warehouses attached to Tamil Nadu Warehousing Corporation for the period between 2018 and 2020, namely,
| Minimum Tr | ucks Owned | for Bidding | ||
|---|---|---|---|---|
| Sl.No. | Warehouse Grade |
1 or 2 Warehouses |
3 or 4 Warehouses |
5 Warehouses and above |
| 1 | A | 10 | 15 | 20 |
| 2 | B | 5 | 8 | 13 |
| 3 | C | 2 | 2 | 4 |
Tenderer must have the experience of H&T operations for a minimum period of three years, in FCI, CWC or any department of Central or State Government or any Public Sector Undertakings especially in the field of Ferlizer, Food grains, Cement, Sugar, Coarse grains or any other goods
are against law, inoperative, unsustainable and ultra vires of the Constitution of India and as such they are liable to be set aside.
For Petitioner :: Mr.D.Ashok Kumar For Respondents :: Mr.Arun Anbumani for R1 & 2
ORDER
This writ petition has been filed challenging two of the eligibility criteria conditions to be satisfied by the bidders, as prayed for in the writ petition, pursuant to the impugned tender notification issued by the first respondent.
into account the grievance expressed by the bidders, the respondents have issued a corrigendum relaxing the eligibility criteria to a reasonable extent, namely, 10 for 1 or 2 warehouses, 15 for 3 or 4 warehouses, 20 for 5 warehouses and above, concerning Warehouse Grade-A; 5 for 1 or 2 warehouses, 8 for 3 or 4 warehouses, 13 for 5 warehouses and above, concerning Warehouse Grade-B; 2 for 1 or 2 warehouses, 2 for 3 or 4 warehouses, 4 for 5 warehouses and above, concerning Warehouse Grade-C as well as the experience criteria for a period of three years. Therefore, the argument advanced by the learned counsel for the petitioner that the respondents have wrongly fixed the eligibility criteria for handling the cargo as well as the minimum number of years of experience, is wholly misconceived.
Sd/Assistant Registrar(CS IX) //True copy// Sub Assistant Registrar
ss To 1. The Managing Director Tamil Nadu Warehousing Corporation No.82, Anna Salai Guindy Chennai 600 032
Chennai 600 015
W.P.No.16879 of 2018
SAI(CO)
GN(27/07/2018)
2 issues framed by the court
Whether the relaxation of eligibility criteria regarding ownership of trucks and minimum experience period by issuing a corrigendum renders the fixation of such criteria illegal or arbitrary.
Whether the writ petition challenging the tender notification should be entertained at this stage given that the technical bid opening process has been concluded.
K. Ashok Kumar
The Managing Director Tamil Nadu Warehousing Corporation
The Regional Manager Central Warehousing Corporation
The General Manager Regional Office Chetput
T. Raja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
