Shiju Thomas vs. The Mission Director
Held
The High Court directed the Secretary of the Panchayat to consider the petitioner's request (Ext.P8) to accept the physically submitted GST and PWD registration certificates. The Secretary must pass appropriate orders within two weeks, specifically noting that the tender was submitted and the documents were made available before the last date, after hearing the petitioner.
Facts
The petitioner, a contractor, submitted the lowest tender for a Panchayat work but could not upload his GST and PWD registration certificates online due to a server error. He physically submitted these documents and informed the Panchayat, apprehending rejection of his tender despite being the lowest bidder.
Key Issues
Whether a tender submitted online, where supporting documents like GST and PWD registration certificates could not be uploaded due to a technical error but were physically submitted within the deadline, should be considered by the tendering authority.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944 WP(C) NO.6201 OF 2023 PETITIONER :- SHIJU THOMAS, AGED 43 YEARS S/O.THOMAS, PALLIVATHUKKAL HOUSE, CHILAVU P.O., THODUPUZHA, PIN – 685 588. BY ADV GEORGEKUTTY MATHEW RESPONDENTS :- 1 THE MISSION DIRECTOR, MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE PROJECT (KERALA), KERALA STATE MISSION OFFICER, 3RD FLOOR, REVENUE COMPLEX, PUBLIC OFFICE COMPOUND, THIRUVANANTHAPURAM, PIN – 695 033 2 THE KANJIKUZHY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY KANJIKUZHY P.O, IDUKKI, PIN – 685 606 SRI.SARATHKUMAR.T.S-SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.6201 OF 2023 JUDGMENT Dated this the 1
st day of March, 2023 This writ petition is filed seeking the following reliefs :- “(i) Issue a writ of mandamus directing the 2nd respondent not to reject Ext.P2 lowest tender quotation submitted by the petitioner for the reason that Ext.P4 GST registration Certificate and Ext.P5 PWD contractor registration certificate could not be uploaded i
The judgment continues below.
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