Clauses 3 & 4.1.1 of the Instructions to
Bidders (for short 'ITB') prescribed by the National
Rural Roads Development Agency (for short ... petitioners herein claim that the only requirement
under these clauses of ITB was that the applicant
should be registered with the Employees Provident
Fund Organisation
under Clause (e) of Option A Section 1 and Clause 42.5 of ITB are
patently illegal, inasmuch as they seek to curtail the right ... required to be noted that
as such the aforesaid clauses of ITB were not under challenge
before the High Court. Even otherwise, it is required
tender in terms of
Clauses 4.1.1, 12.1 and 12.2 of the ITB which govern
CIVIL WRIT (CW) No. 12475 of 2016
5
the standard bidding ... questioned tender process as per the terms and
conditions of ITB and the standard bid document
(SBD). Thus, as per the respondents, the action taken
Respondents
10 and 11 are all bound by the ITB which should
be complied with scrupulously. In a work of this
nature and magnitude where ... waiver of a rule or
condition, unless so provided under the ITB, by
the State or its agencies (the appellant) in favour
of one bidder
been
obtained belatedly, contrary to Clause 13.3 of the Instructions to
Bidders (ITB), which required submission of the certificate at the
bid stage. Subsequently, audit ... clause 13.3 of
the Instructions to Bidders (hereinafter referred to as 'ITB'). Since
the exemption has been obtained by the respondents in
contravention
been
obtained belatedly, contrary to Clause 13.3 of the Instructions to
Bidders (ITB), which required submission of the certificate at the
bid stage. Subsequently, audit ... clause 13.3 of
the Instructions to Bidders (hereinafter referred to as 'ITB'). Since
the exemption has been obtained by the respondents in
contravention
been
obtained belatedly, contrary to Clause 13.3 of the Instructions to
Bidders (ITB), which required submission of the certificate at the
bid stage. Subsequently, audit ... clause 13.3 of
the Instructions to Bidders (hereinafter referred to as 'ITB'). Since
the exemption has been obtained by the respondents in
contravention
been
obtained belatedly, contrary to Clause 13.3 of the Instructions to
Bidders (ITB), which required submission of the certificate at the
bid stage. Subsequently, audit ... clause 13.3 of
the Instructions to Bidders (hereinafter referred to as 'ITB'). Since
the exemption has been obtained by the respondents in
contravention
been
obtained belatedly, contrary to Clause 13.3 of the Instructions to
Bidders (ITB), which required submission of the certificate at the
bid stage. Subsequently, audit ... clause 13.3 of
the Instructions to Bidders (hereinafter referred to as 'ITB'). Since
the exemption has been obtained by the respondents in
contravention
been
obtained belatedly, contrary to Clause 13.3 of the Instructions to
Bidders (ITB), which required submission of the certificate at the
bid stage. Subsequently, audit ... clause 13.3 of
the Instructions to Bidders (hereinafter referred to as 'ITB'). Since
the exemption has been obtained by the respondents in
contravention
