Jharkhand High Court
Prakash Road Lines Corporation Limited vs The Union Of India on 29 April, 2025
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 2092 of 2025
Prakash Road Lines Corporation Limited, Kolkata (West Bengal), through its
Authorized Signatory, Binod Prasad Singh ..... Petitioner
Versus
The Union of India, through its Director, Government e-Marketplace (GEM),
Ministry of Commerce and Industry, New Delhi & Others ..... Respondents
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CORAM
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner: Mr. Sumeet Gadodia, Advocate
Mrs. Shilpi Sandil Gadodia, Advocate
Ms. Shruti Shekhar, Advocate
Ms. Sanya Kumari, Advocate
Ms. Nidhi Lal, Advocate
For Respondent No.3: Mr. Prashant Pallav, Advocate
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02/29.04.2025 Notice to the respondents.
2. Mr. Prashant Pallav, Advocate, accepts notice on behalf of the respondent
No.3.
3. Heard learned counsel for the petitioner and learned counsel for the
respondent No.3.
4. The respondent No.3 published a Notice Inviting Tender for the work
"Dispatch of coal through RLS System at Banadag Railway Siding of Pakri
Barwadih Coal Mining Project for a period of 15 months vide Annexure-3 dated
26.12.2024 through the respondent No.2.
5. The petitioner participated in the tender process along with 15 others
including respondent Nos. 5 to 9.
6. A technical evaluation of bid was carried out and thereafter the
respondent No.2 published online list of bidders, who were declared as
qualified.
7. Out of total 15 bidders, 6 bidders were declared qualified including the
respondent Nos. 5 to 9.
8. Thereafter, price bid of technically qualified bidders was opened by the
respondent No.2 and the respondent No.5 was declared as L-1 bidder.
9. In this writ petition the following prayers have been made:
"(i) For issuance of an appropriate writ, order or direction,
directing Respondent-Government e-Marketplace (for short 'GEM')
to upload and give access of bid documents of bidders who
participated in bid invited by Respondent-GeM in respect of Bid
No.GEM/2024/B/5735597 dated 26.12.2024 in order to enable one
or the other bidders to have access to qualifying documents of
other bidders enabling them to bring it to the notice of owner or
employer of the project, the grounds of ineligibility of competitive
bidders in terms of judgment of Apex Court rendered in the case
of Afcons Infrastructure Limited Vs. Nagpur Metro Rail Corporation
Limited & Anr., reported in (2016) 16 SCC 818;
(ii) For issuance of further appropriate writ, order or
direction, including Writ of mandamus, directing Respondent
authorities to re-evaluate the bid submitted by private Respondent
Nos. 5 & 6, specially because both the aforesaid Respondents
have used common documents/credentials for meeting the
technical criteria as specified in bid document and after re-
evaluating the same, if it is found that common credentials have
been used by them, the said Respondents may be disqualified;"
10. This writ petition has been filed on 07.04.2025 and the papers were
served on learned counsel for the respondent No.3. When it is listed today,
learned counsel for the respondent No.3 seeks further time to file counter
affidavit stating that the work in question has already been awarded on
23.04.2025 to the respondent No.5.
11. In the writ petition, it is specific pleading of the petitioner at paragraphs-
23, 26 & 30 that the respondent Nos. 5 and 6 in order to meet technical criteria
under the tender document have used the same work orders including technical
credentials of work of loading of railway rakes and both of them got themselves
qualified in the present bid, but despite the said fact, the respondent No.3 as
well as the respondent No.2 did not examine the documents and have declared
both the said bidders technically qualified.
12. Learned counsel for the respondent No.3 has placed before us certain
documents, which also suggest that the plea taken by the petitioner is correct.
Therefore, the respondent No.5 is restrained from executing the work in
question till further orders.
13. The aforesaid interlocutory application stands disposed of.
14. List this case on 17.06.2025.
15. Counter affidavit will be filed by the said date.
(M. S. Ramachandra Rao, C.J)
Satish/Rohit (RAJESH SHANKAR, J)
