Kerala High Court

M/S.Omega Elevators vs Union Of India on 22 January, 2021

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

      FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942

                       WP(C).No.1195 OF 2021(Y)


PETITIONER:

               M/S.OMEGA ELEVATORS
               3RD FLOOR, KURIAN TOWER, BANEARJI ROAD, ERNAKULAM,
               KERALA - 682 018, HAVING REGISTERED OFFICE AT 11,
               SANJEEV BAUG SOCIETY, NEW SHARDA MANDIR ROAD, PALDI,
               AHMEDABAD, GUJARAT - 380 007. REPRESENTED BY ITS
               AUTHORIZED SIGNATORY.

               BY ADVS.
               SRI.R.JAIKRISHNA
               BHARGAV HASUKAR

RESPONDENTS:

      1        UNION OF INDIA
               THROUGH THE SECRETARY, (MANAGEMENT AND LANGUAGE),
               MINISTRY OF HUMAN RESOURCE DEVELOPMENT, DEPARTMENT OF
               HIGHER EDUCATION, SHASTRI BHAWAN, DR.RAJENDRA PRASAD
               ROAD, NEW DELHI P.O., DELHI - 110 001.

      2        CHIEF MANAGER (INFRASTRUCTURE)
               INDIAN INSTITUTE OF MANAGEMENT KOZHIKODE, IIM
               KOZHIKODE CAMPUS P.O, KOZHIKODE - 673 570.

      3        INDIAN INSTITUTE OF MANAGEMENT KOZHIKODE
               REPRESENTED BY ITS DIRECTOR, INDIAN INSTITUTE OF
               MANAGEMENT KOZHIKODE, IIM KOZHIKODE CAMPUS P.O.,
               KOZHIKODE - 673 570.

               R1 BY ADV. M.A.SHAJI, CGC
               SRI.P.VIJAYAKUMAR, ASG

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1195 OF 2021(Y)

                                  2


                           JUDGMENT

Dated this the 22nd day of January 2021

The Writ Petition is filed seeking the

following reliefs.

"i) To call for the records leading to Ext.P1 tender notice and conditions and quash the same by means of an appropriate writ or order.

ii) To issue writ of mandamus or other appropriate writ or order directing the Respondent No.2 to withdraw the list of makes from Ext.P1

- tender document or alternatively direct the respondent no.2 to incorporate name of the petitioner i.e. OMEGA Elevators as an eligible bidder to offer its bid for Ext.P1 - Tender Notice (NIT) for work of Retro- fitment of the built-infrastructure (Campus Buildings) to enhance accessibility for Persons with Disabilities (PwDs) - Supply, Installation, Testing & Commissioning of Capsule lifts for Classrooms A,B,C and near Classroom Block A for PGP Office (including Electro-Mechanical and allied Civil works) in IIMK Campus;

iii) Issue a writ in the nature of mandamus quashing and setting aside condition in the Ext.P1 - Tender Notice (NIT) for Retro-fitment of the built-infrastructure (Campus Buildings) to enhance accessibility for Persons with Disabilities (PwDs) - Supply, Installation, Testing & Commissioning of Capsule lifts for Classrooms A,B,C and near Classroom Block A for PGP Office (including Electro-Mechanical and allied Civil works) in IIMK Campus which entitles Manufacturers of only certain brands from participating in the tender process;

WP(C).No.1195 OF 2021(Y)

iv) Hold and declare by means of an appropriate writ or order that insertion of list of makes in an open tender process is arbitrary as well as illegal as it seeks to make the tender manufacture specific and is per se illegal and without any application; and

v) Grant such other reliefs or orders as this Hon'ble Court may deemed fit to grant in the facts and circumstances of the case."

2. The learned Standing counsel for the 3rd

respondent on instructions submits that, on the

basis of a query submitted by the petitioner

regarding the name of the manufacturers provided

in the specifications, a corrigendum has been

issued on 21.01.2021 and uploaded in the website

which will enable the petitioner also to

participate in the tender. Then, the petitioner

would be able to participate in the tender.

The Writ Petition is accordingly closed

recording the submission of the learned Standing

counsel.

Sd/-

P.V.ASHA JUDGE DM WP(C).No.1195 OF 2021(Y)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE E-TENDER NOTICE/DNIT ALONG WITH TENDER CONDITIONS FOR THE WORK.

EXHIBIT P2 TRUE COPY OF ISO 9001.2015 CERTIFICATE.

EXHIBIT P2(A) TRUE COPY OF ISO 45001-2018 CERTIFICATE.

EXHIBIT P2(B) TRUE COPY OF FACTORY LICENSE ISSUED BY THE DIRECTORATE INDUSTRIAL SAFETY AND HEALTH, GUJARAT.

EXHIBIT P2(C) TRUE COPY OF MEMORANDUM OF SETTING UP MICRO SMALL OR MEDIUM ENTERPRISES ISSUED BY DISTRICT INDUSTRIES CENTER, GUJARAT.

EXHIBIT P2(D) TRUE COPY OF CERTIFICATE OF RECOGNITION ISSUED BY THE DIRECTORATE GENERAL OF FOREIGN TRADE.

EXHIBIT P3 TRUE COPY OF THE LICENSE TO OPERATE LIFT ISSUED BY THE CHIEF ELECTRICAL INSPECTOR, GOVERNMENT OF MAHARASHTRA ALONG WITH ITS ENGLISH TRANSLATION.

EXHIBIT P4 TRUE COPY OF THE RELEVANT EXTRACT OF THE INTIMATION OF ACCEPTANCE OF BID ISSUED BY THE EXECUTIVE ENGINEER, RASHTRAPATI BHAWAN ALONG WITH THE TYPED COPY OF THE SAME.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION OF THE PETITIONER.

EXHIBIT P6 TRUE COPY OF THE FINAL JUDGMENT OF TELANGANA HIGH COURT IN WP/11478/2019 AND WP/11481/2019 AS OBTAINED FROM THE HIGH COURT WEBSITE.

EXHIBIT P7(A) TRUE COPY OF THE INTERIM ORDER PASSED WP(C).No.1195 OF 2021(Y)

BY THIS HON'BLE COURT IN WP(C) 11204/2020.

EXHIBIT P7(B) TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN WP(C) 11205/2020.

EXHIBIT P7(C) TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN WP(C) 11206/2020.

EXHIBIT P7(D) TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN WP(C) 18376/2020.

EXHIBIT P7(E) TRUE COPY OF THE REVISED GUIDELINES ISSUED BY THE CENTRAL PUBLIC WORKS DEPARTMENT.

EXHIBIT P8 TRUE COPY OF THE INTERIM ORDER OF HON'BLE HIGH COURT OF BOMBAY IN WRIT PETITION NO.748/2020 AND CONNECTED CASE AS OBTAINED FROM THE WEBSITE OF THE SAID HIGH COURT.

EXHIBIT P8(A) TRUE COPY OF THE INTERIM ORDER OF HON'BLE HIGH COURT OF MADRAS IN WP NO.7051/2020 AND CONNECTED CASES AND OBTAINED FROM THE WEBSITE OF THE SAID HIGH COURT.

EXHIBIT P8(B) TRUE COPY OF THE INTERIM ORDER OF HON'BLE HIGH COURT OF HYDERABAD IN WRIT PETITION NO.44049/2018 AS OBTAINED FROM THE WEBSITE OF THE SAID HIGH COURT.

EXHIBIT P8(C) TRUE COPY OF THE INTERIM ORDER OF HON'BLE HIGH COURT OF CALCUTTA IN MAT NO.1218/2019 AND CONNECTED CASES AS OBTAINED FROM THE WEBSITE OF THE SAID HIGH COURT.

EXHIBIT P8(D) TRUE COPY OF THE INTERIM ORDER OF HON'BLE HIGH COURT OF MADHYA PRADESH IN WRIT PETITION NO.12880/2018 AS OBTAINED FROM THE WEBSITE OF THE SAID HIGH COURT.

EXHIBIT P8(E) TRUE COPY OF THE INTERIM ORDER OF HON'BLE HIGH COURT OF CALCUTTA IN WRIT PETITION NO.486/2018 AS OBTAINED FROM WP(C).No.1195 OF 2021(Y)

THE WEBSITE OF THE SAID HIGH COURT.

EXHIBIT P8(F) TRUE COPY OF THE INTERIM ORDER HON'BLE HIGH COURT OF ALLAHABAD IN WRIT PETITION NO.8560/2020 AS OBTAINED FROM THE WEBSITE OF THE SAID HIGH COURT.

EXHIBIT P8(G) TRUE COPY OF THE INTERIM ORDER HON'BLE HIGH COURT OF ORISSA IN WRIT PETITION NO.11298/2018 AND CONNECTED CASES AS OBTAINED FROM THE WEBSITE OF THE SAID HIGH COURT.

EXHIBIT P9 TRUE COPY OF THE OFFICE ORDER ISSUED BY THE MINISTRY OF COMMERCE & INDUSTRY, GOVERNMENT OF INDIA.

EXHIBIT P9(A) TRUE COPY OF THE COMMUNICATION ISSUED BY THE PRIME MINISTER'S OFFICE ALONG WITH THE TYPED COPY OF THE SAME.

EXHIBIT P10 TRUE COPY OF THE OFFICE MEMORANDUM ISSUED BY THE CPWD.

EXHIBIT P11 A TRUE COPY OF THE ELIGIBILITY CRITERIA ISSUED BY CPWD.

RESPONDENTS EXHIBITS : NIL

//TRUE COPY//

PA TO JUDGE