IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 20547 OF 2022
PETITIONER/S:
K.M. MOHAMMED ASLAM
AGED 53 YEARS
S/O. LATE K.H. MOHAMMED,
PALLATHUPARAMBIL HOUSE,
PONJIKKARA NORTH, KOCHI
, PIN - 682504
BY ADVS.
SUNIL V.MOHAMMED
MANOJ N.
AJITHA APPU
M.S.NEETHUMOL
AADIL SHAH A.S.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY GOVERNMENT PLEADER,HIGH COURT OF KERALA,
PIN - 682031
2 MANAGING DIRECTOR
KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD.,
UDAYA NAGAR ROAD, GANDHI NAGAR, ERNAKULAM
, PIN - 682020
OTHER PRESENT:
GP AMMINIKUTTY K.;
SC FOR KSINC SANTHOSH MATHEW
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20547 OF 2022
2
JUDGMENT
Dated this the 24th day of June, 2022 The 2nd respondent had issued Exhibit P1 notice of request for proposal to lease out space for a bunk at the KSINC Ferry Terminal. The petitioner participated in the tender and quoted the highest rate. Instead of awarding the tender in the petitioner's favour, the second respondent invited fresh tenders as per Ext.P6. The petitioner is aggrieved by the decision to conduct fresh tender and also certain objectionable conditions in Exhibit P6 notification.
2. Learned Counsel for the petitioner submits that the attempt through Ext.P6 is to keep away the petitioner from the tender process and to award the tender to a person of the 2nd respondent's choice. It is pointed out that the petitioner had quoted Rs.22,000/- for the space and none of the other participants had quoted anywhere near the petitioner's rate. Hence there was absolutely no impediment in allotting the space to the petitioner. WP(C) NO. 20547 OF 2022 3
3. In Ext.P6 tender notification, the base rate is shown as Rs.22,000/- and objectionable conditions like the bidder should have a class-II or above Digital Signature Certificate and GST registration are intended to keep away bidders like the petitioner. The second respondent should therefore be allotted the space based on the petitioner's bid in response to Exhibit P1.
4. Learned Standing Counsel for the second respondent submitted that the first tender notification was issued adopting the Swiss Challenge Method and only 14 persons had responded to the notification. It is true that the petitioner had quoted the highest rate of Rs.22,000/-. The highest quoted rate being much below the expected rent, the earlier tender process is cancelled and Ext.P6 e-tender notification issued. It is submitted that this time the second respondent had adopted the open tender method which is more transparent. The petitioner need not be apprehensive of the condition that the bidder should have Digital Signature Certificate and GST registration. It is possible to obtained a Digital Signature Certificate in less than half-an-hour. If the WP(C) NO. 20547 OF 2022 4 petitioner is not having GST registration, he can file an affidavit stating that fact and his tender will not be rejected on that ground.
5. Having heard the learned Counsel on either side, I am of the opinion that the process now adopted by the second respondent cannot be faulted. Even if the petitioner has the highest bidder in the first tender process, that does not confer him with any indefeasible right. Till the contract is concluded, the tenderer has the right to cancel the process. The petitioner would have a cause of action only if the contract is finalisd in favour of a person who had quoted lesser rate. In the instant case, the earlier process is cancelled and e-tender, which is more transparent, has been adopted. Moreover, the petitioner's apprehension has been addressed by making it clear that the second respondent will not insist for production of GST certificate and the petitioner can submit an affidavit in lieu of the certificate. Being so, nothing stands in the way of the petitioner from participating the tender notified by Ext.P6.
WP(C) NO. 20547 OF 2022 5 In the result, the Writ Petition is dismissed, recording the submission made on behalf of the second respondent that the petitioner can submit an affidavit in lieu of GST registration.
Sd/-
V.G.ARUN JUDGE RK WP(C) NO. 20547 OF 2022 6 APPENDIX OF WP(C) 20547/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE OF REQUEST FOR PROPOSAL (RFP) OF THE 2ND RESPONDENT PUBLISHED IN MALAYA MANORAMA DAILY DATED 18.04.2022.
Exhibit P2 TRUE COPY OF THE REQUEST FOR PROPOSAL (RFP) PUBLISHED IN THE WEBSITE OF THE KSINC.
Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 29.04.2022 SUBMITTED TO THE 2ND RESPONDENT.
Exhibit P4 TRUE COPY OF THE APPLICATION DATED 23.05.2022 SUBMITTED BY THE PETITIONER UNDER THE RTI ACT, 2005.
Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 15.06.2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
Exhibit P6 TRUE COPY OF THE TENDER NOTICE DATED 13.06.2022 ISSUED BY THE 2ND RESPONDENT.
Exhibit P7 TRUE COPY OF THE TENDER DETAILS DATED 16.06.2022 OF THE KSINC.