Orissa High Court
Sanjay Kumar Agrawal vs State Of Odisha & Others ........ Opp. ... on 16 December, 2021
Bench: C.R. Dash, Biswanath Rath
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.39288 of 2021
Sanjay Kumar Agrawal ........ Petitioner
Mr. Saswat Kr.Acharya, Adv.
-Versus-
State of Odisha & others ........ Opp. Parties
Mr. T.K.Patnaik, ASC
CORAM:
JUSTICE C.R. DASH
JUSTICE BISWANATH RATH
ORDER
16.12.2021 Order No.
01.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. Heard.
3. Tender notice was floated by the Chief Engineer (Buildings), Works Department-Opp. Party No.3 for construction of Multi Purposed Hall at Khariar Road. The petitioner submitted his bid in response to tender call notice along with others. The petitioner is stated to have been disqualified in the evaluation by the Technical Committee on the ground that, he had no previous experience of the work for which the tender had been floated.
4. Taking us through Clause 48 of the tender documents, Mr. Acharya, learned counsel for the petitioner submits that Clause-48 does not whisper a word about the previous experience of the petitioner, so far as the project is concerned. But going through the eligibility criteria in Clause-G, we find that such a condition is there in the eligibility criteria. The petitioner has some other grievances also regarding his disqualification by the Technical Committee.
5. Regard being had to the facts and submissions and the nature of relief sought for, we dispose of the writ petition, directing the petitioner to file an objection before the Chief Engineer (Buildings), Works Department-Opp. Party No.3 within a week from today. If such an objection is filed, the same shall be disposed of in accordance with law and the tender conditions by a speaking order within a period one month from the date of its filing. While disposing of the objection, the petitioner and opposite parties likely to be affected may be given opportunity of hearing.
6. The writ petition is accordingly disposed of.
7. Urgent certified copy of this Order be granted as per rules.
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(C.R. Dash) JUDGE ...............................
(Biswanath Rath) JUDGE Dhal