IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 WP(C).No. 19159 of 2009(L) -------------------------- PETITIONER(S): --------------- FRESHO HOUSEKEEPING AND CLEANING, ROOM NO.45,SREE SAIBABA NAGAR,AMBOLI HILL,ANDHERI WEST,MUMBAI REPRESENTED BY ITS PROPRIETOR, SREEKUMAR.T. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.M.SUNILKUMAR RESPONDENT(S): --------------- 1. THE MEDICAL SUPERINTENDENT,RAILWAY HOSPITAL,SOUTHERN RAILWAY,TRIVANDRUM. 2. THE GENERAL MANAGER,SOUTHERN RAILWAY, TRIVANDRUM DIVISION. 3. UNION OF INDIA REPRESENTED BY THE SECRETARY,MINISTRY OF RAILWAYS,NEW DELHI. 4. M/S.WE SERVE MANPOWER CONSULTANT & HOUSEKEEPING CONTRACTS,ROOM NO.B-12,FACT SHOPPING COMPLEX,UDYOGAMANDAL.P.O,ERNAKULAM. ADV. SRI.N.B.SUNIL NATH,SC, RAILWAYS FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.19159 of 2009 -------------------------- Dated this the 13th July,2009 J U D G M E N T Petitioner responded to a tender floated by the 2nd respondent herein, inviting applications for, carrying on the sanitation and cleaning contracts of the Ernakulam Railway station. Petitioner's tender was not considered on merits and hence the writ petition. 2. A statement has been filed on behalf of the Railways. Paragraph 3 of the said statement reads as follows: “It is submitted that the petitioner has to submit the tender according to the specifications given as per the schedule. Petitioner participated in the tender but submitted incomplete tender. His tender was rejected for the following reasons: (i) Petitioner submitted only a single copy of experience certificate for all the 10 stations. He has to submit separate certificate for each station since separate tenders should be submitted for each station.(Instruction No.5 in Annexure R1 (a). (ii) Petitioner did not quote separate rates for the schedule mentioned in the items W.P ( C) No.19159 of 2009 2 in the Annexure J-9 tender (for the Ernakulam North Station) instead has quoted a composite rate for all items.” 3. It is further contended that the rates of individual items are the basic necessity of a tender. Each item is being measured by a specific unit of measurement by railways. There is a lapse on the part of the petitioner in not submitting separate rates. I do not find any error in the stand taken by the respondents. Writ petition is dismissed. (V.GIRI,JUDGE) ma W.P ( C) No.19159 of 2009 3 W.P ( C) No.19159 of 2009 4