Madhya Pradesh High Court
M/S I.T. Gurukul Computer Through Its ... vs State Of M.P. on 22 August, 2019
Author: Atul Sreedharan
Bench: Atul Sreedharan
1 WP-11180-2019
The High Court Of Madhya Pradesh
WP-11180-2019
(M/S I.T. GURUKUL COMPUTER THROUGH ITS PROPRIETOR KRISHNA KANT ARJARIYA Vs STATE OF
M.P.)
6
Jabalpur, Dated : 22-08-2019
Shri D.K. Tripathi, learned counsel for the petitioners
Shri Madhur Shukla, learned GA for the respondent/State.
The present petition has been filed by the petitioners herein, who is challenging the RFP calling for bids from the citizens of the State and for the establishment and conduct of Lok Seva Kendra or Public Service Centres.
Learned counsel for the petitioners has submitted that the goal post are perpetually being shifted after the issuance of the RFP in order to assist certain persons and prima facie to substantiate his contention, learned counsel for the petitioners has drawn the attention of this Court to page-24 of the petition, which is a part of the RFP, wherein one of the conditions for acceptance of the technical bid is a earnest money deposit by way of bid security of Rs. 1 lac, which was to be deposited "only in the form of the demand draft" on any nationalised or scheduled commercial bank payable at its local branch in favour of Secretary, District E- Governance Society, Chhatarpur.
Learned counsel for the petitioners has submitted that there is a reasonable apprehension in the mind of the bidder that the payment of the EMD is only by way of a demand draft of the aforementioned amount. He has further stated that under the circumstances, for every center, for which the bid is made, the bidder would have to deposit Rs. 1 lac as a fixed security by way of a demand draft which substantially restricts the number of centres, for which a bidder may bid according to his financial capacity. Thereafter, learned counsel for the petitioners has drawn the attention of this Court to page-80 of the petition ( Annexure P/6), which is a letter dated 21-05- 2019 addressed by the State Public Service Authority to the Collector, Sagar and Hoshangabad whereby the authority has sounded the Collector that where the bidder is providing the MSME/NSIC certificate instead of the EMD of Rs. 1 lac by way of a demand draft, in such circumstances, the tender putforth by him would be valid.
Learned counsel for the petitioners submit that the said condition or clarification was never uploaded to the website ( www.mpedistrict.gov.in) which is mandatory as per clause 1.8 dealing with the amendment of the RFP document.
Digitally signed by PARMESHWAR GOPE Date: 26/08/2019 11:26:582 WP-11180-2019 Learned counsel for the petitioners has submitted that a direction was given to the Collectors of the various districts by way of this letter would make all those bids valid which instead of depositing an EMD of Rs. 1 lac along with each bid would merely provide a copy of the MSME/NSIC certificate and therefore, on the basis of the same, can participate for bids for as many centers, as they are available without incurring any financial liability.
Under the circumstances, learned counsel for the petitioners submit that those who have MSME/NSIC certificate and who have knowledge about the clarification given by the authority to the Collector by letter dated 21-05-2019 have a definitive edge over those, who have no information with regard to the said condition. In other words, those who may have been in possession of MSME/NSIC certificates but, were unaware of the acceptability of same by letter dated 21-05- 2019 were put on a much more unfavourable position than those who were aware of this condition.
Learned counsel for the petitioners also submit that the State has not denied the same, in the replies filed by them.
Be that as it may, looking to the nature of the case as it relates to providing Public Services to the people at large, list this case on 26-08-2019 on the top of the list.
On that date, the learned counsel for the State shall provide an answer with regard to (1) the total number of bidders in this entire exercise and (2) the total number of bidders, who had given MSME/NSIC certificate instead of the EMD of Rs. 1 lac demand draft as mandated by Clause 2.3.1(b) and (3) The number of LOA'S executed till date..
Till 26-08-2019, no LOA shall be issued by the State. Continuation of the said interim order shall be re-assessed on 26-08-2019.
A typed copy of this order be given to learned counsel for the State for necessary action.
(ATUL SREEDHARAN) JUDGE PG Digitally signed by PARMESHWAR GOPE Date: 26/08/2019 11:26:58