entire tender process was shrouded in mystery
because the tender process was not conducted in accordance with the
procedure contemplated under the tender document, they ... tender conditions and that the tender requirement of 18KL
Tanker Trucks was being only 11, 2 were alloted to the petitioner as per
the reservation
found that altogether 56
tenderers had submitted tender, out of which, three were found to be technically deficient. Thus, 53
tenderers were found ... proportionately (to tendered quantity). This is also
indicated in Clause (B-2) of the Part-VII of the tender documents relating to reservation, which says
concerned eligible farmers / land
losers for 30% reservation shall be considered from the next tender
as, so far as the present tender in question ... 2863/2018 CAV JUDGMENT
30% reservation shall be given from the next tender as it is
reported that for more than 152 vehicles, fresh tenders
doing similar job. Therefore, if the Appellant had any reservation in tendering requisite money receipt, the Respondent No. 1 could rope in some other agency
complete
30% of the total number of Vehicles required in the
Tender No. E16WD17002, E16WS17006 and E
16WC17008 to the present petitioner society ... directed that the benefit of 30% reservation
shall be given from the next tender as it is reported that
for more than 152 vehicles, fresh
this scheme and
tender will set a bad precedent in law. The argument of the petitioner regarding hundred
percent reservation is also bad on facts ... question of 100% reservation. The hierarchy of preference
having been set out above, even the SC/ST reservation would only rank third. Therefore,
the petition
MMTC which, therefore, stood approved in
the said meeting without any reservation whatsoever.
(xii) The existing delegation of powers of the MMTC ... March, 1996, without any reservation. The SPC was informed
that, owing to lack of response, offers submitted outside the
tender, by other parties
other body or authority
responsible for such programmes;
(d) to tender advice regarding reservation for Scheduled
Tribes in public services and admission in educational
institution
that out of total 165 plots
reservation for Schedule Castes Category has to be 12 plots (7%)
and reservation of Scheduled Tribes ... reservation as directed herein above i.e. including
all the vacant plots bigger size plots and / or smaller size plots.
Consequently, the impugned tender
without material deviation, reservation or omission
to all the terms, conditions and specifications of the bidding
document and a material deviation, reservation or omission ... correction of
the material deviation, reservation or omission. The respondents
have pleaded that clause 5.9.1 of the tender document provides
that the determination of qualification