Sk. Jamal vs. State Of Odisha
Held
The Court directed the opposite parties to reconsider the petitioner's case. The reasoning was based on the fact that an identical State Agency had accepted the GST certificate produced by the petitioner. If the petitioner was found suitable and eligible under the tender conditions after this reconsideration, they were to be enlisted as a supplier, and a contract or work order was to be issued in their favour. The writ petition was disposed of with this observation and direction. The petitioner was granted liberty to file an application for revival of the writ petition within thirty days if any difficulty arose.
Facts
The petitioner filed a writ petition challenging a tender process for the supply of food grains and other articles to the Special Jail, Bhubaneswar for the year 2019-20. The petitioner's tender was rejected on the grounds that they had not submitted an up-to-date GST Certificate, having only submitted one valid until 22.11.2017. The petitioner contended that identical GST Certificates had been accepted by other jail authorities. The High Court, in an interim order, directed that any action taken pursuant to the tender notice would be subject to the result of the writ application. Subsequently, the Court directed the opposite parties to consider the petitioner's case in light of the fact that an identical State Agency had accepted the GST certificate produced by the petitioner.
Key Issues
1. Whether the rejection of the petitioner's tender for not submitting an up-to-date GST Certificate was arbitrary and illegal, particularly when similar certificates were accepted by other State agencies? (Question of law and fact, concerning the interpretation and application of tender conditions and principles of natural justice). Petitioner's contention: The petitioner argued that their tender was wrongly rejected. They presented evidence that similar GST Certificates were accepted by other jail authorities, implying discriminatory treatment or an unreasonable application of the tender conditions. They relied on the principle that tender conditions should be applied fairly and consistently. Revenue/State's contention: The judgment does not record any specific arguments or contentions made by the State-opposite parties regarding the rejection of the tender or the acceptance of GST certificates by other agencies. The focus of the Court's order was on directing consideration of the petitioner's case.
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01.08.2019
Heard Mr. S.S. Padhy, learned counsel for the petitioner and learned Additional Government Advocate for the State-opposite parties.
By way of this writ petition, the petitioner has prayed for the following relief:
“In the facts and under the circumstances mentioned above, it is humbly prayed that this Hon’ble Court may graciously be pleased to admit the writ application, issue Rule NISI calling upon the Opp.Parties to show cause as to why the tender process pursuant to tender call notice dated 30/10/2018 under Annexure-1 vis-à-vis the Special Jail, Bhubaneswar shall not be quashed.
And if the opp.parties fail to show cause or show insufficient cause, to make the said Rule absolute by issuing appropriate writ/writs, direction/ directions as this Hon’ble Court deem fit and proper.”
On 25.01.2019, the following interim order was passed:
“Heard learned counsel for the petitioner.
Issue notice to the opposite parties by Speed Post/Registered Post with A.D. requisites for which shall be filed within one week.
List this matter on 4.2.2019. Accept one set of pro
The judgment continues below.
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