01.07.2003 deals with the broad framework of rules and conditions which are incorporated in the tenders floated by the respondents. The annexures to the said Government Order deal with tender procedure, registration of contractors and Annexure V(b) prescribes the format in which the solvency certificate is to be furnished by the tenderer. According to him, the offer on all material aspects conforms to the prescription of tender document. Assuming without admitting, if no mode or prescription is prescribed, the tenderer enjoys some discretion. In the case on hand, no discretion is available, as the document prescribes the form in which the solvency certificate is to be furnished by a tenderer to merit consideration of the tender as technically complying with all the requirements. He further contends that there is object or purpose in prescribing the forms in which various steps are required to be followed by the tenderers, for the respondents on being satisfied with their ability, solvency etc., alone can entrust the contract to such person. The solvency certificate issued by the petitioner does not conform to the requirement of G.O.Ms.No.94 Annexure V(b). He supports the judgment under appeal and prays for dismissing the same.
