M/S Nanhe Lal Contractor Lko. Thru. Its Proprietor Vinod Kumar And Others vs. King George Medical University (Kgmu) Lko. Thru. Registrar And Others
Facts
The petitioners, M/s Nanhe Lal Contractor Lko. and others, are civil contractors registered under the Goods and Services Tax Act. They challenged an e-tender notice (E-Bid No. 2274/M-10 dated 15.03.2024) issued by King George Medical University (KGMU) for civil works. The petitioners argued that the State Government orders mandated procurement through the GEM Portal, and e-tendering was only permissible if items were unavailable on GEM, requiring certification by the Head of Department. They contended that the e-tender notice, for works valued at approximately Rs. 2 Crores per annum for three years, bypassed the GEM Portal requirement. The tender process involved two parts: technical and financial bids, with submission from 17.03.2024 to 12.04.2024. The technical bids were initially scheduled to open on 12.04.2024 but were extended to 26.04.2024. The petitioners stated they did not submit their technical bids.
Held
The Court held that since the petitioners had not submitted their technical bids and the technical bids had already been opened on 26.04.2024, it found no grounds to interfere at this belated stage in the tender process. The Court's reasoning was based on the fact that the petitioners had not participated in the tender process by submitting their bids. Therefore, the Court dismissed the writ petition. The Court did not decide on the merits of the petitioners' arguments regarding the non-compliance with Government Orders mandating procurement through the GEM Portal, as the petition was dismissed on procedural grounds. No specific sections of the GST Act were discussed in relation to the core issue.
Key Issues
1. Whether the e-tender notice issued by respondent no.3 for selection of civil contractors is liable to be quashed for non-compliance with Government Orders mandating procurement through the GEM Portal, and if so, which provision of the Government Orders are violated? Petitioners' arguments: The petitioners contended that the State Government orders dated 23.08.2017, 19.06.2020, and 06.04.2021 mandated procurement of goods and services through the GEM Portal. They argued that the e-tender notice, issued for civil works, circumvented this mandate. They relied on the UPPWD General Conditions of Contract for Building Construction Works and UPPWD Circulars No. 272/CAMP/MUKHYA ABHIYANTA (Bhawan)/2023 dated 10.10.2023 and No. 294/CAMP/MUKHYA ABHIYANTA(Bhawan)/2023 dated 26.10.2023. Respondents' arguments: The respondents argued that the date of opening the technical bid was extended to 26.04.2024, and the technical bids were opened on that date. They also submitted a short counter-affidavit. The judgment does not record specific arguments from the respondents regarding the GEM Portal mandate.
AI-generated summary — verify with the full judgment below
Neutral Citation No. - 2024:AHC-LKO:34947-DB Court No. - 3 Case :- WRIT - C No. - 3292 of 2024 Petitioner :- M/S Nanhe Lal Contractor Lko. Thru. Its Proprietor Vinod Kumar And Others Respondent :- King George Medical University (Kgmu) Lko. Thru. Registrar And Others Counsel for Petitioner :- Hemendra Kumar Rai,Shishir Chandra Counsel for Respondent :- Shubham Tripathi Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
Heard learned counsel for the petitioners at length and Sri Shubham Tripathi, learned counsel appearing for the opposite parties.
This writ petition has been filed with the following three prayers:- "(i) Issue a writ, order or direction in the nature of Certiorari to quash the Notice inviting E-tender bearing E-Bid No.2274/M- 10, dated 15.03.2024 issued by respondent no.3 for selection of civil contractors to carry out all kinds of Civil Work and all the tender proceedings consequent thereof (As contained in Annexure No.1). (ii) Issue a writ, order or direction in the nature of mandamus commanding respondent no.3 to initiate the tender process afresh for selection of civil contractors to carry out all kinds of civil work through GEM Portal in accordan
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