S.B.CIVIL WRIT PETITION NO. 3842/10 (M/s.Quality Construction vs. State & Ors.) Order dt: 19/4/2010 1/2 S.B.CIVIL WRIT PETITION NO. 3842/10 (M/s.Quality Construction vs. State & Ors.) DATE OF ORDER : 19/4/2010 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.R.K.Singhal, for the petitioner. Heard learned counsel. The only grievance raised in the present writ petition is that the eligibility/qualification criteria prescribed in the NIT issued by the respondents has been varied by the respondents and as per the modification/amendment in draft document on pre-qualification/post- qualification assessment in clause 3.2 (Annex.3), the Water Resources Department of Govt. of Rajasthan vide order dated 24/4/2008 had prescribed that the previous experience of the contractor should be 35% of the average of annual quantities based on G Schedule vide clause 3.2 (b) of the said document, whereas, as per the computation made by the petitioner in the chart produced before this Court at page 33 of the writ petition, learned counsel submits that such percentage of experience would come to 42% of such average of work done by the applicant/bidder. Learned counsel Mr.R.K.Singhal, therefore, urged that the respondent Department while issuing the said NIT have deviated from the said guidelines and they could not prescribe the higher cut off scale of experience for excluding the bidders like the present petitioner, who falls short of said 42% of experience of work required to have been done by the said applicants previously in such participation in the contract process. Having heard the learned counsel, this Court is of the view that this Court cannot substitute its own wisdom or opinion for that of the S.B.CIVIL WRIT PETITION NO. 3842/10 (M/s.Quality Construction vs. State & Ors.) Order dt: 19/4/2010 2/2 respondents while inviting such tenders for a particular contract. If the experience sought by the respondent is little higher even though the guidelines have been issued by the concerned department of the Govt. of Rajasthan, tender process cannot be faulted with on this reason alone. Moreover, it is a question of fact and no basis is found for arriving at such 42% experience as computed by the petitioner. Consequently, there is no force in the present writ petition and same is accordingly dismissed. Copy of this order be sent to respondents. (DR.VINEET KOTHARI), J. item no.s/7 baweja/-