M/S Ringte Enterprises vs. The State Of Ap
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The petitioner, M/s Ringte Enterprises, filed a writ petition challenging the selection of respondent No. 6, M/s Rise East Enterprises, as the successful tenderer for the "upgradation to Secondary School under ISSE at GSS, Restarting" project. The petitioner contended that respondent No. 6 lacked required documents stipulated in the Notice Inviting e-Tender (NIT) dated 20.12.2019. Specifically, the petitioner alleged that respondent No. 6 did not possess insurance documents for listed machineries (Serial No. 23, Clause-14), had submitted financial data for only 4 years instead of the required 5 years (Serial No. 25, Clause-14), and provided GST returns only up to October 2019 instead of November 2019 as required (Serial No. 10, Clause-14). The petitioner also challenged the rejection of their own financial bid.
Held
The Court dismissed the writ petition, holding that the petitioner had not availed of the alternative remedy of filing a representation with the State respondents regarding its grievances. The Court noted that an alternative remedy was available to the petitioner. Therefore, the Court was not inclined to entertain the writ petition at that stage. The Court granted the petitioner liberty to file a representation with the State respondents concerning their grievances. The respondents were directed to consider and dispose of any such representation by a speaking order within 10 days of its receipt and a copy of the Court's order. The specific grounds raised by the petitioner regarding the alleged deficiencies in respondent No. 6's tender documents and the rejection of the petitioner's financial bid were not adjudicated upon by the Court due to the dismissal on the grounds of alternative remedy.
Key Issues
1. Whether the selection of respondent No. 6 as the successful tenderer is liable to be set aside on the grounds that respondent No. 6 failed to submit the mandatory documents as stipulated in the Notice Inviting e-Tender (NIT) dated 20.12.2019, specifically concerning insurance for machineries, annual volume of civil engineering works, and up-to-date GST returns. Petitioner's Arguments: The petitioner argued that respondent No. 6 did not possess the required insurance documents for its listed machineries as per Serial No. 23 of Clause-14 of the NIT. Furthermore, respondent No. 6 submitted financial data for only four years, whereas the NIT required five years of civil engineering construction works executed and payments received (Serial No. 25, Clause-14). Additionally, the petitioner contended that respondent No. 6's GST registration and returns were only up to October 2019, while the NIT required returns up to November 2019 (Serial No. 10, Clause-14). The petitioner also challenged the rejection of its own financial bid. Revenue/State's Arguments: The State respondents argued that the petitioner had not availed of the alternative remedy by filing a representation with the respondents regarding its grievances.
Sections Cited
Clause-14, Serial No. 10, Serial No. 23, Serial No. 25
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORDER Date : 14-02-2020 Heard Mr. D. Panging, learned counsel for the petitioner, who submits that the selection of the respondent No. 6 as the successful tenderer, in terms of the Notice Inviting e-Tender dated 20.12.2019, issued by the Executive Engineer, Engineering Wing, Department of Education, Itanagar, for “upgradation to Secondary School under ISSE at GSS, Restarting, Kar-Daadi District, Arunachal Pradesh” , should be set aside.
The petitioner’s counsel, submits that the respondent No. 6 could not have been selected for the contract work, inasmuch as, the respondent No. 6 did not have the required documents stipulated in the Notice Inviting e-Tender. The petitioner’s counsel submits that the respondent No. 6, did not have the required documents as stipulated in Serial No. 10, 23 & 24 of Clause-14 of the Notice Inviting e-Tender. He submits that the respondent No. 6 did not have the insurance documents in respect of the machineries that were listed by him in the tender papers, which were required as per serial No. 23 of Clause-14. 3. The petitioner’s counsel also submits that while Serial No. 25 of Clause-14 of the Page No.# 3/3 NIT, required a tenderer to have total annual volume of Civil engineering construction works executed and payments received for the last 5(five) years, the respondent No. 6 had submitted documents showing his total annual volume of Civil engineering construction works executed and payments received for only 4(four) years. He also submits that as per serial No. 10 of Clause-14, the GST registration number and up-to- date return had to be submitted. As the NIT was issued on 20.12.2019, the returns had to be up to November, 2019. However, the returns submitted by the respondent No. 6 was only till October, 2019. Besides, the above grounds taken by the petitioner against the respondent No. 6, the petitioner has also made a challenge to the rejection of his financial bid by the State respondents.
Mr. T. Jamoh, learned Standing counsel, Education Department submits that the petitioner has not availed of the alternative remedy, as no representation has been filed by the petitioner with the respondent in respect of his grievances.
As there is an alternative remedy available, this Court is not inclined to entertain this writ petition at this stage. Accordingly, the same is dismissed.
The petitioner is however given the liberty to file a representation to the State respondents with regard to his grievance. In the event of the petitioner filing any representation, with regard to his grievance, the same should be considered and disposed of by the respondents, by a speaking order, within a period of 10 (ten) days, from the date of receipt of the representation and a copy of this order.
JUDGE Comparing Assistant
Reproduced from the public record of the Gauhati High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.