2Th September vs State Of Uttarakhand & Others
2023 Latest Caselaw 2672 UK

             IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                   HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                          AND
                      HON'BLE SRI JUSTICE RAKESH THAPLIYAL

                  WRIT PETITION (M/B) NO. 236 OF 2023
                          12TH SEPTEMBER, 2023
P.S. Kharayat & Sons Firm                                           .....Petitioner.
                                         Versus

State of Uttarakhand & others                                     ....Respondents.

Counsel for the Petitioner : Mr. Vinoda Nand Barthwal, learned counsel.

Counsel for the State : Mr. Amarendra Pratap Singh, learned Additional Advocate General.

Counsel for the Respondent Nos.2 to 4 : Mr. D.S. Patni, learned Senior Counsel assisted by Mr. B.S.

Bisht, learned counsel.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

Issue notice. Learned counsels appear and accept

notice on behalf of the respondents, except respondent no.6.

2. The petitioner has preferred the present writ

petition aggrieved by the rejection of the petitioner's technical

bids in respect of five tenders invited vide National

Competitive Bidding E-Tender Notice dated 25.07.2023.

3. The petitioner participated in all the five tenders,

and the petitioner's technical bids have been rejected in each

of those five tenders on the ground "bid not qualified".

However, there is no reason furnished by the respondents as

to on what basis the bid of the petitioner was not qualified.

4. Ex facie, the said communication is defective. Mr.

Patni, learned Senior Counsel for respondent nos.2 to 4, who

appears on advance notice, acknowledges the fact that the

petitioner should have been granted the reason for rejection

of the petitioner's technical bid.

5. On instructions, he submits that, after opening of

the technical bids, the financial bides of the technically

qualified bidders were opened. However, no approval for

grant of contract has yet been granted, and no contract has

been awarded to any of the qualified bidders in any of the five

tenders. He further submits that after opening the financial

bides, the respondents have uploaded the reasons for

rejections of the petitioner's technical bids. He submits that

the said reasons shall be communicated to the petitioner

during the course of the day on the petitioner's e-mail.

6. Let the reasons for the rejection of the petitioner's

technical bids be communicated to it during the course of the

day. The respondents shall not award the contract for the

next three days.

7. The writ petition stands disposed of in the aforesaid

terms.

8. Pending application, if any, also stands disposed of.

(VIPIN SANGHI, C.J.)

(RAKESH THAPLIYAL, J.) Dated: 12th September, 2023 NISHANT