High Court Kerala High Court

K.O.Jose vs Kerala Water Authority on 6 September, 2010

Kerala High Court
K.O.Jose vs Kerala Water Authority on 6 September, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 22512 of 2010(L)


1. K.O.JOSE, S/O.OUSEPH,
                      ...  Petitioner

                        Vs



1. KERALA WATER AUTHORITY,
                       ...       Respondent

2. KERALA WATER AUTHORITY,

                For Petitioner  :SRI.A.K.JOSEPH

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :06/09/2010

 O R D E R
                       ANTONY DOMINIC, J.
                  -------------------------
                  W.P.(C.) No.22512 of 2010 (L)
             ---------------------------------
           Dated, this the 6th day of September, 2010

                          J U D G M E N T

Petitioner is a contractor. By Ext.P1 electronic tender notice

dated 23/11/2009, the respondent Authority invited tenders for

the work of Augmentation of WSS Kumarakom and Thiruvarppu

Panchayats in Kottayam District. Among other details provided in

Ext.P1, it was specified that those who submitted e-tenders should

also submit hard copies of contents on technical bid on the tender

opening day. The technical bids were opened at 2 pm on

22/06/2010. Going by the counter affidavit filed, the petitioner

submitted hard copies as required in Ext.P1 tender notice at 4.15

pm on 22/06/2010. On the ground that the petitioner did not

submit the hard copies before the technical bids were opened at 2

pm on 22/06/2010, he was informed by Ext.P4 that his tender will

not be considered. It is in these circumstances, this writ petition

has been filed seeking to quash Ext.P4 and to direct the

respondents to accept the hard copies of contents in cover A and B

WP(C) No.22512/2010
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and consider the tender submitted by the petitioner.

2. In the counter affidavit filed, although the respondents

accepted that the petitioner is an eligible tenderer, as already

mentioned above, the reason for rejection is stated to be the

belated submission of hard copies, in as much as the same were

submitted only at 4.15 pm on 22/06/2010 and not before 1 pm on

that day.

3. The correctness or otherwise of the decision of the Water

Authority in rejecting the tender of the petitioner for the reason that

hard copies were submitted belatedly, depends upon the terms of

Ext.P1 electronic tender notice. As per the terms of Ext.P1, the

tenderers are required to submit hard copies of contents of cover A

& B on the technical bid opening day. There is no requirement that

the hard copies should be submitted before any specified time or

even before the expiry of the time specified for tender closing. In

such circumstances, if a tenderer had submitted hard copies on the

day on which the technical bids are opened that will be sufficient

compliance of Ext.P1 tender notice. Admittedly, the petitioner

submitted hard copies on 22/06/2010 itself. If that be so, there is

WP(C) No.22512/2010
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sufficient compliance of Ext.P1 tender notice.

4. Learned standing counsel for the respondents relied on

clause 7 of Ext.P6 and contended that tender should have been

submitted not later than 1 pm on 22/06/2010 and that therefore,

the bids submitted by the petitioner should be taken as belatedly. I

am not persuaded to accept this contention for the reason that this

provision does not deal with the submission of hard copies by those

contractors who have submitted their tenders by e-mail. In that

view of the matter, the rejection of the petitioner’s tender cannot be

upheld and Ext.P4 is liable to be set aside and I do so.

According to the learned standing counsel, the bids are now

pending consideration of the Board of the 1st respondent. Now that

the rejection of the petitioner’s bid is held illegal, it is directed that

the technical bid submitted by the petitioner will be evaluated and

forwarded to the Board, which shall consider the bid submitted

along with the bids submitted by other tenderers.

This writ petition is disposed of as above.

(ANTONY DOMINIC, JUDGE)
jg