Dismissed

Smt. S. Ratnabai, v. B. Gopal Reddy

Telangana HC7 Nov 2012WA/1390/2012

Case brief

AI extract

What is this about?

A writ appeal challenging an order directing a respondent to consider a tender from a petitioner who had registered after the tender notification. The court dismissed the appeal, finding no merit as the appellants were ineligible.

What did the court decide?

The writ appeal is dismissed. It is directed that the respondent consider the tender of the writ petitioner along with other eligible tenderers.

Smt. S. Ratnabai, Vs B. Gopal Reddy — Public Procurement and Tenders | Telangana HC (2012)

¶1

THE HON’BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE

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AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR

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WRIT APPEAL NO.1390 OF 2012

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DATED:7.11.2012

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Between: Smt. S. Ratnabai and another … Appellants And B. Gopal Reddy and others … Respondents

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THE HON’BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE AND

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THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR

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WRIT AAPPEAL NO.1390 OF 2012

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JUDGMENT: (per the Hon’ble the Acting Chief Justice Sri Pinaki Chandra Ghose)

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This writ appeal is directed against the order dt.8.10.2012 passed by the Hon’ble Single Judge, in W.P. No.20054 of 2012.

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Respondent No.1 – writ petitioner filed the writ petition challenging the awarding of contract to appellants – respondent Nos.4 and 5.

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It has been pointed out before the Hon’ble Single Judge, by learned counsel for the writ petitioner, that respondent Nos.4 and 5, who are the appellants before us, have not complied with the eligibility criteria, which has been stipulated in the terms and conditions of the tender in question. His Lordship, after hearing the parties allowed the writ petition, and respondent No.2 therein was directed to consider the petitioner’s tender.

¶13

Being aggrieved and dissatisfied with the said order, this appeal has been filed by the appellants – respondent Nos.4 and 5.

¶14

Heard the learned counsel for the parties and perused the material available on record.

¶15

It appears to us that Clause 3 of the terms of the conditions of the tender deals with evaluation, and sub-clause (III) thereof, which specifically stipulates the required experience, reads as follows.

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“III. Experience: In EHT sub-stations with minimum 1 year or in 33/11 KV sub-stations with minimum of 2 years experience. The bidder shall indicate the same in the Schedule-B along with documentary evidence.”

¶17

It further appears that the appellants only registered themselves on 11.1.2012 and 29.2.2012 respectively, while the tender notification was issued on 4.4.2012. Therefore, there cannot be any doubt that the appellants have no eligibility to apply for the said tender. Accordingly, we do not find any illegality or irregularity in the impugned order and we find no merit in this appeal. The writ appeal is misconceived.

¶18

The Hon’ble Single Judge, by the impugned order, has directed respondent No.2 in the writ petition to consider the tender of the writ petitioner. We are also of the view that it would be proper to direct the said respondent to consider the tender of the writ petitioner along with other eligible tenderers, who have filed their tenders.

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With the above observation, the writ appeal is dismissed. No costs.

¶20

__________________________ PINAKI CHANDRA GHOSE, ACJ

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VILAS V. AFZULPURKAR, J 7.11.2012 bnr

Smt. S. Ratnabai, v. B. Gopal Reddy

Case brief

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Smt. S. Ratnabai, v. B. Gopal Reddy

Case brief

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