Sh. Tarkeshwar Shah vs State of HP

Mansoor Ahmad Mir, C.J.(Oral)—Petitioner, by the medium of this writ petition, has called in question the tender process and has prayed mainly for the following reliefs.

"(b) That Minimum Work done Condition No. 28.2. b of the General Rules and Directions and the eligibility criteria contained therein and tender document, whereby in order to be eligible for the work detailed in para 4 of the petition contractor is required to have done work of amount not less than 40% (forty percent) of the estimated cost (without liquidated damages or compensation) in last five years may kindly be quashed and set aside as far as contractors holding "Class A" enlistment is concerned;

(c) That respondents may kindly be directed to allow the petitioner to participate by submitting his bid for the works detailed in para 4 of the petition on the basis of performance certificate submitted by him on merits and thereafter to process and consider his tender;"

The question involved in this petition is-whether a contractor, i.e., writ petitioner can question the eligibility criteria fixed/prescribed by the authorities concerned in the tender notice? The answer is in negative for the following reasons.

Respondents have filed the reply and have stated that this Court has already dealt with the issue in so many cases and the petition in hand is not maintainable, in view of the judgments rendered by this Court in CWP No. 9337 of 2013 titled Shri Ashok Thakur v. State of HP and others, decided on 6th May, 2014 and LPA No. 33 of 2016 titled Shri Inder Singh Chauhan, v. State of HP and others, decided on 19.5.2016. The copies of aforesaid judgments have been placed on record along with the reply filed by the respondents.

The petition in hand is squarely covered by the judgments referred to supra.

Accordingly, the writ petition is dismissed along with pending applications if any, in terms of the judgments supra, shall form part of this judgment.