- (1.)By means of the present writ petition, petitioner has prayed for quashing of the letter/intimation dated 13.04.2007 issued by the respondent no.5 (Annexure-1) and the remarks in the check list contained therein and for the direction to the respondents to open the financial bid of the petitioner in respect of package No. UP-5340, Pradhan Mantri Gram Sadak Yojana and Bharat Nirman Yojana Phase-V.
(2.)The petitioner claimed to be a registered contractor of Class-A submitted a tender for the work package No. UP-5340 of Pradhan Mantri Gram Sadak Yojana. It is claimed that the tender was submitted along with all requisite documents including all experience certificates, balance sheet, profit and loss account, documents relating to earlier work done etc. As required under the terms of the tender, the petitioner submitted, the technical bid as well as financial bid.
(3.)The petitioner received a letter/intimation dated 13.04.2007 issued/sent by the Superintending Engineer, Mirzapur Circle, Public Works Department (PWD),Mirzapur intimating that technical bid has been found non-responsive by the Committee constituted by the State Government, as per clause of the Standard Bidding Document, financial bid of tender submitted by the petitioner is being returned in original without opening. The aforesaid letter was accompanied by the letter of the Chief Engineer respondent no.3 addressed to the Chief Engineer, Eastern Zone, Public Works Department, Varanasi, respondent no.4 dated 5.4.2007 check list and bid evaluation list. The aforesaid document is Annexure-1 to the writ petition. As per check list, technical bid is found non-responsive due to the points 6 (b), 10, 11 and 14. The point nos. 6 (b), 10, 11 and 14 along with remarks are reproduced below: JUDGEMENT_222_TLALL0_2007Html1.htm