Rajasthan Human Care Foundation vs State Of Rajasthan
2021 Latest Caselaw 5564 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 11182/2021


Rajasthan Human Care Foundation, Jaipur, Reg. No. 1210/02-03
(Registered On 02.01.2003) Through Chetan Sakunia S/o Shri
Ramavatar Sakunia, Aged Near About 35 Years, R/o 21, Champa
Nagar, Gurjar Ki Thadi, New Sanganer Road, Jaipur (Secretary
And Authorized Representative Of The Petitioner Society).
                                                                     ----Petitioner
                                     Versus
1.     State Of Rajasthan, Through Additional Chief Secretary,
       Public Health And Engineering Department, Govt. Of
       Rajasthan, Government Of Secretariat, Bhagwant Das
       Road, Jaipur.
2.     Water And Sanitation Support Organization, Rajasthan
       Through Director And Additional Chief Engineer, Public
       Health       And   Engineering          Department,          Behind   Kv-3,
       Jhalana By-Pass Road, Jaipur.
3.     The Chief Engineer (Special Project), Public Health And
       Engineering        Department          And      Chairperson,     Managing
       Committee, Water And Sanitation Support Organization
       And State Water And Sanitation Mission, Government Of
       Rajasthan, 2, Jacob Road, Ajmer Road, Jaipur (Rajasthan)
4.     The Chief Engineer (Jjm), Public Health And Engineering
       Department,         Jal     Jeevan        Mission,         Government    Of
       Rajasthan, 2, Jacob Road, Ajmer Road, Jaipur (Rajasthan)
                                                                  ----Respondents

For Petitioner(s) : Mr. Bharat Vyas, Sr. Advocate with Mr. Lokesh Jangid For Respondent(s) :

JUSTICE DINESH MEHTA

Order

04/10/2021

(2 of 3) [CW-11182/2021]

1. Mr. Bharat Vyas, learned senior counsel invites Court's

attention towards the minutes of the meeting of the

Technical Evaluation Committee dated 25.8.2021 and points

out that the petitioner's bid was found technically responsive

for NIT No.1/2021-22, 3/2021-22, 5/2021-22 and 6/2021-

22.

2. He submits that thereafter, vide order dated 6.9.2021 the

Director singularly proceeded to declare the petitioner to be

non-responsive bidder.

3. It is asserted by the petitioner that after 25.8.2021, neither

any meeting of the Technical Evaluation Committee was

convened nor the respondents have uploaded minutes of any

such meeting on the official website.

4. The petitioner has approached this Court with the grievance

that once the Technical Evaluation Committee has declared

the petitioner to be technically successful bidder, the Director

cannot singularly (without calling any meeting) overrule the

decision of the Committee and declare the petitioner's bid to

be non-responsive.

5. In response to Court's query of remedy of preferring an

appeal under Section 38 of the RTPP Act, learned senior

counsel relies upon the judgment of the Hon'ble Supreme

Court rendered in the case of Tata Celular Vs. UOI & Ors.

(1994) 6 SCC 651

6. The matter requires consideration.

7. Issue notice. Issue notice of the stay application also,

returnable on 27.10.2021.

(3 of 3) [CW-11182/2021]

8. Till then, the respondents shall not finalize the financial bid

and issue work order in relation to NIT Nos.1/2021-22;

3/2021-22; 5/2021-22 and 6/2021-22.

(DINESH MEHTA),J

C P GOYAL /286

Powered by TCPDF (www.tcpdf.org)