IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 16.9.2011 CWP No. 17419 of 2011 Jagdeep Singh ……petitioner vs. State of Punjab and ors …..Respondents CORAM: - HON’BLE MR. JUSTICE HEMANT GUPTA HON’BLE MR. JUSTICE JASWANT SINGH Present: - Mr. Anupam Singla, Advocate for the petitioner. HEMANT GUPTA, J Petitioner is challenging the conditions of the tender in the bid documents (Annexure P-1). Petitioner claims that he cannot submit his bid due to unrealistic, void and illegal conditions contained in para 4.3 of the bidding document. Condition No. 4.3 is in respect of minimum average annual financial turnover of an intending tenderor and satisfactory completion of the similar works as well as availability of personal and liquid assets. In our conditions, such conditions are essential conditions to determine the capacity to execute the work, we find that the challenge to the given conditions is wholly untenable. CWP No. 17419 of 2011 It is also argued that it was incumbent upon the State on the basis of the advice (Anneuxre P-3) to slice the works in such a manner so that the amount should not exceed to Rs. 25.00 lacs each. We find that the reliance of the petitioner on the advice of the Advisor to the Chief Minister is wholly misconceived. Such advice is not the decision of the State Government. We find that the invocation of the jurisdiction of this Court on the basis of such advice is abuse of the process of law. Thus, the petition is dismissed. (HEMANT GUPTA) JUDGE (JASWANT SINGH) JUDGE 16.9.2011 preeti 2