Delhi High Court

Jaivir Singh vs North Delhi Municipal ... on 27 April, 2015

$~55
*       IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                      Judgment delivered on: 27.04.2015

+       WP(C) No. 4092/2015 & CM No.7320/2015

JAIVIR SINGH                                                     .... Petitioner
                                       versus

NORTH DELHI MUNICIPAL CORPORATION & ANR.
                                                                 ..... Respondents

Advocates who appeared in this case:

For the Petitioners           :        Mr Raman Kapur, Sr Advocate with Mr Aviral
                                       Tiwari, Advocates.
For the Respondent No.1&2 :            Ms Renu Gupta, Advocates for respondent
                                       Nos.1 & 2.
CORAM:-
HON'BLE MR JUSTICE BADAR DURREZ AHMED
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                                  JUDGMENT

BADAR DURREZ AHMED, J (ORAL)

1. The petitioner is aggrieved by the fact that he has been found to be

disqualified for not meeting the technical criteria specified in the subject

tender for hiring of Mini Jetting/Pressure Spray Machine(s) mounted on

Mahindra Bolero/Tata 207 or equivalent vehicle with driver,

operator/Beldar and with all accessories and machineries etc. required for

jetting/pressure spray of water by the machine on day-to-day basis to

clean the public conveniences for minimum 8 working hours in a day.

The petitioner bid was rejected on the ground that it did not meet the

specified criteria. Since no reasons were supplied, the petitioner wrote a

letter dated 17.03.2015 requesting for reasons for the disqualification. In

response, a letter dated 23.03.2015 was sent to the petitioner indicating

that the petitioner did not meet the experience criteria as set out in the

RFP document as per clause 5.7.1. The learned counsel for the petitioner

submitted that this is also a very cryptic piece of information inasmuch as

the exact reasons for disqualification have not been specified. We agree

with the learned counsel for the petitioner that such a response is not

explanatory of the reasons for disqualification. However, the learned

counsel for the respondent, who is present on advance notice, informed us

that the disqualification was on the ground that the experience of the

petitioner did not match up with the minimum capacity specified in the

RFP. It was submitted that while the petitioner was required to show

experience as per the Clause 5.7.1, the experience certificate submitted by

the petitioner did not match up with the said requirements.

2. Clause 5.7.1 of the RFP documents reads as under:-

"5.7.1 Experience Criteria

Bidder must have the experience of his firm for deployment and operation of any (equivalent or

higher specification) jetting machine(s) type vehicle, for the minimum one year during last three years on the Last date of submission of the bid to carry out the sanitation services anywhere in India with any Govt. Agency. The Experience Certificate from the Competent Authority would be submitted along with the technical bid. In-house work' experience/ private experience shall not be considered for qualification. The Bidder must own at least 02 nos. of equivalent or higher specification type of Jetting Machines or equivalent, registered in his own/ firm name.

The bidder shall submit a proof of ownership along with RC along with technical specification to this effect along-with the Technical Bid.

Or The bidder must have the experience of carrying out cleaning & operation of urinals/ toilet blocks through any of the mechanical means by deploying equipments and manpower for at least one years during last three years on the last date of submission of the bid in anywhere in India with any Govt. Agency.

Or The bidder must have the experience of carrying out sanitation services work through mechanical means by deployment/hiring of at- least five vehicles (in his/ her own name) of equivalent or higher capacity for the minimum two years during last seven years on the last date of submission of the bid in any Government Department.

The bidder shall submit a proof of ownership along with RC to this effect

along with the Technical Bid."

3. The case of the petitioner is that its case falls under the third

alternative referred to above. In other words, according to the petitioner,

it has experience of carrying on sanitation work through mechanical

means by deploying/hiring of at least five vehicles in its own name of

"equivalent or higher capacity" for a minimum of two years during the

last seven years as on the last date of submission in any work

Department. The experience certificate furnished by the petitioner

alongwith the bid was a performance certificate dated 15.01.2015 issued

by the East Delhi Municipal Corporation. The said certificate reads as

under:-

"East Delhi Municipal Corporation Office of Executive Engineer EMS (Shahdara South Zone) 419, Udyog Sadan PatparGanj lndl; Area, .

Delhi-110092

No.EE.EMS-SH(S)/EDMC/2014-15/D-216 Date:15/01/2015

Performance Certificate Certified that the following works have been.awarded to M/s Sai Interprises Prop. Mr. Jaivir Singh.

S. Name of work Work Order No. Number
No of Auto
Tippers
1. Hiring of Auto. Tippers D-18 / 15 Nos.
LMVs (Small) with Auto - EE(EMS)/
Tipping Facility with one /EDMC/2012-
driver of GV-1150 13 dated
KG(±5%) with one labour 01.06.2012
l/c T&P Fuel, lubricant for
lifting /collecting of MSW
garbage / malba/ drain silt

etc. from narrow lanes upto
full load / capacity and
dumping same in the nearby
designated site / SLF with
travelling distance upto 30
Km per day with 8 hours
working (Tata / Ace / Magic
or Equivalent).
2. Hiring of Auto Tippers D-19 15 Nos.
LMVs (Small) with Auto - /EE(EMS)
Tipping' Facility with One /EDMC/2012-
driver of GV-1150 13dated
KG(±5%) with one labour 01.06.2012
I/c T&P Fuel, lubricant for
lifting /collecting of MSW
garbage / malba/ drain silt
etc. from narrow lanes upto
full load / capacity and
dumping same in the nearby
designated site / SLF with
travelling distance upto 30
Km perday with 8 hours
working (Tata / Ace / Magic
Or Equivalent).

Total 30 Nos Auto tippers are deployed in Shahdara South & Shahdara North Zone. The performance of above given works is very good from more than 2 years of above agency.

This certificate issue on his application which received in the office of EE (EMS) Shah(s) vide no.EE(EMS)/Shah(S)/R-1943 dated 15.01.15.

EE (EMS) Shah (S)

M/s Sai Interprises.

Office Add-298-A, Tehkhand, New Delhi-110020 Resi Add:- Village Sadullapur, Post-Vaidpura, Distt.-Gautam Budh Nagar (UP)"

4. This, according to the learned counsel for the petitioner, is

sufficient experience and makes out eligibility to participate in the

bidding process. On the other hand, the learned counsel for the

respondent submitted that the experience of the petitioner is with vehicles

having a Gross Vehicle Weight of 1150 kgs whereas the minimum

specifications as stipulated under the RFP was of a vehicle having a

Gross Vehicle Weight of 2650 kgs or higher. Therefore, according to the

learned counsel for the respondent, the petitioner does not have the

requisite experience.

5. The learned counsel for the petitioner submitted that the minimum

technical specifications of the Mini Jetting Machines as stipulated

indicate that the capacity of the Jetting Machines should be a minimum of

2650 kgs. On the other hand, the learned counsel for the respondent

submitted that the minimum capacity of 2650 kgs had reference to

"GVW" which means Gross Vehicle Weight. In other words, this was to

be the weight of the vehicle laden with the Mini Jetting Machine. The

minimum technical specifications of the Mini Jetting Machines as

stipulated under the RFP reads as under:-

MINIMUM TECHNICALSPECIFICATIONOF THE MINI JETTING MACHINE

1. Machine: - MINI JETTING PRESSURE SPRAY MACHINE MOUNTED ON Mahindra Bolero/Tata 207 (or equivalent)

2. Minimum Capacity:- 2650 KG GVW

3. Labour:- .. Operator/Beldar along with driver

4. Sitting Capacity: - 2 persons with driver

5. Engine: Suitable to meet the required pressure, Diesel/ Petrol modal any of the make like Greaves, Vnaguard, Honda or equivalent with ISO certification to meet out the required pressure of minimum 130 BAR.

6. Pump: To meet pressure of minimum 130-200 bar of any of the make like Interpump, Annovi Reverberi, Speck, Comet or equivalent with ISO certification.

7. Aluminium Hose Reel (Delivery Outlet): 50 mtrs minimum.

8. Water Tank: - 1000 Ltr water (minimum) and 50 Ltr (minimum) for phenyl etc. tank built integrally in a single piece with easy filling provision provided in the sides.

9. Body Work : - With covered body.

The above tank/ equipment shall be mounted on suitable vehicle chassis with all safety measures for smooth operation of equipments. The critical component i.e. jetting pump, jetting hose, nozzle, engine etc. should be from ISO certified manufacturers only. The firm should have a backup letter confirming their association and availability of spares till the completion of the contract period from the manufacturers of critical components.

6. From the above, it is evident that the Mini Jetting Pressure Spray

Machine was to be mounted on Mahindra Bolero/Tata 207 (or equivalent)

and the minimum capacity was specified as 2650 KG GVW. We have

considered the arguments advanced by the learned counsel for the parties

and we are in agreement with the submissions made by the learned

counsel for the respondent that the minimum capacity indicated as 2650

kgs refers to the Gross Vehicle Weight. This has reference to not just the

weight of the vehicle but the laden weight of the vehicle which means

that the weight of the vehicle plus the Mini Jetting Pressure Spray

Machine mounted thereon should be at least 2650 kgs. This further

implies that the vehicle on which the Mini Jetting Pressure Spray

Machine is to be mounted must have the capacity to have a laden weight