Orissa High Court
Sunjray Info-System Pvt. Ltd vs State Of Odisha & Others on 5 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.32527 of 2023
Sunjray Info-System Pvt. Ltd. ..... Petitioner
Mr. S. Mohanty, Advocate
Vs.
State of Odisha & others ..... Opposite Parties
Mr. P.P. Mohanty, AGA
CORAM:
ACTING CHIEF JUSTICE DR. B.R. SARANGI
MR. JUSTICE MURAHARI SRI RAMAN
ORDER
05.10.2023
W.P.(C) No.32527 of 2023
&
I.A. Nos.15752 & 15754 of 2023
Order No. This matter is taken up through hybrid mode.
01.
2. Heard Mr. S. Mohanty, learned counsel appearing for the
Petitioner and Mr. P.P. Mohanty, learned Additional Government
Advocate for the State-Opposite Parties.
3. The Petitioner has filed this writ petition seeking to quash
the work order/LoA issued in favour of Opposite Party No.5 and
further seeks for direction to Opposite Parties to issue work order
in his favour.
4. Mr. S. Mohanty, learned counsel appearing for the
Petitioner contended that pursuant to advertisement issued under
Annexure-4 for the work "AMC of 104 No.RTDAS Stations
Installed under HP-II", the Petitioner participated in the said
tender having satisfied the eligibility criteria prescribed therein
Clause-ITB 5.5(b) of the tender call notice states that the
experience required to be demonstrated by the Bidder should
include as a minimum that he has executed during the last five
years supply and service contract of similar nature and complexity
with contract of certain value. It is contended that Opposite Party
No.5 does not qualify such requirement which is apparent from
the document under Annexure-5. The Proceeding of the Bid
Evaluation Committee meeting held on 02.08.2023, states as
follows:-
"Observation of Bid Evaluation Committee(BEC)
The BEC have observed the following points during evaluation
process.
I. Both the bidders have submitted the bid security of
required amount in prescribed BG format.
II. Bidder-1: M/s. Engineering and Environmental Solutions
Pvt. Ltd. has fulfilled the all eligibility criterion as per the bid
document except the financial capability mentioned in ITB
5.5(b). The bidder is executing a work named "supply,
installation testing, Commissioning & Maintenance of
TDWLRs with Telemetry System in Plezometer for GWD,
Rajasthan & Integrated data Centre located at Jaipur,
Rajasthan" of agreement amount Rs.148.35 Lakhs against
which they have received payment of Rs.67.98 lakhs. The
work worth Rs.148.35 Lakhs includes supply, installation,
commissioning and the contract is ongoing with maintenance
service."
5. Since Opposite Party No.5 has fulfilled all criteria except
the requirement mentioned in ITB 5.5(b) of the tender call notice,
which should not have been called upon to execute the agreement.
It is contended that the petitioner being L2 bidder having satisfied
all the criteria itself bid should have been accepted to substantiate
his contention.
6. Learned counsel for the Petitioner has relied upon the
judgment of this Court in Aparna Sahoo Vrs. State of Odisha &
others delivered in W.P.(C) No.13667 of 2023, disposed of on
03.08.2023.
7. Issue notice to the Opposite Parties both in main case &
interlocutory applications.
8. Let four extra copies of the writ petition be served on Mr.
P.P. Mohanty, learned Additional Government Advocate by
tomorrow (06.10.2023) enabling him to obtain instructions in this
matter.
9. Notice be issued to Opposite Party No.5 by Speed Post with
A.D., requisites for which shall be filed by tomorrow
(06.10.2023). Office shall send notice to the said Opposite Parties
fixing a short returnable date.
10. Put up this matter next week.
(DR. B.R. SARANGI)
ACTING CHIEF JUSTICE
Laxmikant (M.S. RAMAN)
JUDGE
Signature Not Verified
Digitally Signed
Signed by: LAXMIKANT MOHAPATRA
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 06-Oct-2023 10:49:57
