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Judgment
S.
No.",Name of work/Contract,,,Earnest Money Rupees (in lac)
,"Preparation and supply of (freshly cooked Mid Day Meal from their centralized sem
automated kitchens to the children of Primary of EDMC and its aided schools as per the
following norms fixed by the Government of India under Mid Day Meal Scheme.",,,"iAs per clause no. 17 of General Terms & condition. To
be paid through a Demand Draft for a period of minimum
200 days drawn in favour of Commissioner EDMC.
,Category of beneficiaries,Specifications calories (KCL),Protein (Gms),
,Class I to V,450,12,
,Milestone dates of Electronic Selection Process,,,
1.,Release Tender,,,08.072019
2.,Pre Bid Meeting,,,15.07.2019
3.,Closing of submission of RFP,,,31.07.2019
4.,Physical submission of RFP,,,31.07.2019
5.,Opening of Technical Bid,,,02.08.2019
Mr. Mittal has also drawn the attention of this court to print-out of the screenshot, which has been placed on record and which we have scanned",,,,
below, to submit that the petitioner has in fact uploaded the tender documents on the respondent’s portal, as is evident from the Screen-shot:",,,,
Mr. Gupta, learned counsel for the respondent however submits that this being an E-tender, when the site was opened, it was found that the tender",,,,
documents of the petitioner could not be downloaded; and hence, the bid of the petitioner was rejected. He further submits that the work of opening of",,,,
tender was assigned to M/s Tech Mahindra and a certificate from them with regard to non-uploading of tender documents by the petitioner has also,,,,
been obtained.,,,,
We have heard learned counsel for the parties.,,,,
While there is no dispute that a hard copy of the documents was filed on 31.07.2019, the question which arises for our consideration is whether the",,,,
petitioner had in fact uploaded the tender documents on the portal of the respondent; and subsequently what is the relevance of physical submission of,,,,
the RFP.,,,,
While Mr. Gupta has highlighted that being an E-tender, only those bids were considered which were duly uploaded, it is the case of Mr. Mittal",,,,
that both the documents and RFP were available as per the Request For Proposal. Mr. Gupta also submits that tender of another identically placed,,,,
person, by the name of Mr.Daljit Pahri, has also been rejected on the same ground and there is no mala fides in the action of the respondent.",,,,
While we find that the Request For Proposal also requires the physical submission of RFP by 31.07.2019; and in case the tender was restricted,,,,
only to e- tendering, in which bid documents were only to be uploaded, in our view the condition of physical submission of documents would not have",,,,
formed part of the Request for Proposal. We have extracted the screenshot above which gives a reasonable prima facie assurance that the petitioner,,,,
did upload the E-tender.,,,,
We are also informed that originally the tender is awarded to a panel of successful bidders for providing the Mid-Day-Meal. Accordingly, we find",,,,
that out of 7 bidders, one stands dis-qualified; the petitioner and one Mr. Daljit Prahari (identically placed bidder, as the petitioner) have been rejected",,,,
for non-uploading of the tender documents; and in respect of four other bidders, their kitchens have been inspected.",,,,
Having regard to the facts and circumstances of the case, we are of the considered view that the tender of the petitioner should be considered by",,,,
the respondent since a physical copy of the tender documents was supplied to the respondent as per the schedule/date fixed; and there is no,,,,
uncertainty with regard to the uploading of the tender documents as per the screenshot filed along with the petition.,,,,
Resultantly, the petition is allowed. The respondent is directed to consider the bid documents of the petitioner and the same would not be rejected",,,,
only on the ground of non-uploading of the tender documents by the petitioner, subject to other terms of the RFP.",,,,
The writ petition stands disposed of in the above terms.,,,,
Order be given dasti under signatures of the Court Master.,,,,