IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.558 of 2010 B.G.MAL GODAM TRC LABOUR SHRAM Versus THE UNION OF INDIA & ORS ----------- For the Petitioner: Mr. Mukesh Kr. Jha,Advocate For Respondent Nos. 1 to 4: Mr. Anil Singh, Advocate For Respondent No.5: Mr. Rajendra Prasad Singh, Advocate ---------- 4 14.5.2010 Heard learned counsel for the parties. The writ application was filed by the petitioner alleging therein that the contract of handling goods and parcel at Katihar Railway has been wrongly awarded to respondent no.5 despite the petitioner having quoted the lowest rate. Many a things have been stated about the award of contract at the cost of the petitioner. The stand of the railway authority is that in terms of Clause-8 of the tender notice, the tender form had to be supported with the certificate of experience with area of operation in the field. The said requirement of certificate is a must as would be evident from the notice inviting tender. There is a categorical statement of the respondent that no work experience certificate was annexed with the tender paper. The work experience which has been annexed by the petitioner in the present writ application is a certificate issued by a private transporter showing that the petitioner had work experience for last ten years. It is the contention of the respondents that obviously it is forged and fabricated kind of certificate because the registration of the petitioner was only two years old. How did the society give experience for the last ten years is not understood by the - 2 - respondents? Being the lowest tenderer is not the only criteria for award of tender. Every participant has to meet the requirements laid down in the notice inviting tender. Obviously the petitioner has tried to show some evidence with regard to experience but their birth or existence are not reconcilable. The Court is satisfied with the reason not to award the contract in favour of the petitioner. This writ application has not merit and it is dismissed. RPS (Ajay Kumar Tripathi,J.)