WP(C) 1087/2008 BEFORE THE HON’BLE MR. JUSTICE B.K. SHARMA Heard Mr. G.N. Sahewalla, learned Sr. Counsel assisted by Mr. S. Senapat i, learned counsel for the petitioner. I have also heard Mr. J. Roy, learned cou nsel representing the respondent corporation. This writ petition has been filed praying for setting aside and quashing of the decision of the respondent corporation to accept the technical bids of t he respondents No. 4, 5 and 6 in respect of the NIT in question. The respondent corporation by its Annexure-1 notice inviting bid (NIT) d ated 16.11.2007 invited seal bids in two bid system from reputed and experienced parties to execute the job relating to Bamboo Transportation, Bundling & Feedin g. Altogether 5 parties responded to the NIT including the petitioner. It is on record that the tender bid of three parties including the petitioner have been a ccepted. The other two parties are the respondents No. 5 and 6. According to the petitioner, technical bids offered by the respondents N o. 4, 5 and 6 are defective in terms of the clause 5.0 of the pre qualification criteria. For a ready reference the said clause is quoted below: Possession of 20 (twenty) Nos. of truck own or on hire basis. The bidder/contractor is required to submit the photocopy of up to date RC book, permit fitness certificate pollution control certificate and insurance for sufficient trucks for transportation of bamboo. Bonafide documentary proof o f having at least 20 (twenty) Nos. (own/hired) trucks is to be furnished. In cas e the bidder/contractor does not have the requisite number of own trucks they ma y produce agreement on stamp paper entered into with another person(s) or firm(s ) to the effect that in the event of the bidder/contractor getting the contract for the specific job they shall provide the bidder/contractor with the stated nu mber of trucks. Photocopies of all the documents asked for above are to be submi tted for the hired trucks also. However, agreement for hired vehicle has to be submitted in original. Th e agreement should be executed after the date of publishing the NIT and should b e valid for the contract period [minimum 2 (two) years.] According to the petitioner, the tender bids offered by three of the par ties namely M/s. R.A. Majumdar; M/s. Mazumdar & Sons and M/s. Shree Ganesh Tradi ng Co. are defective in absence of relevant documents pertaining to some of the trucks out of the 20 trucks, particulars of which are to be submitted by the ten derers. Mr. Roy, learned counsel representing the respondent corporation submits that after acceptance of the technical bids of the aforesaid three parties, now price bids are to be opened. According to him, Writ Court exercising its jurisd iction under Article 226 of the Constitution of India may not interfere with the tender process. He has produced the relevant records. As against the aforesaid plea of the petitioner, there is no averments i n the writ petition pertaining the documents submitted by the petitioner pertain ing to its of the trucks. In the comparative statement prepared by the authority of the corporation, out of the 5 parties, tender bid of two parties have been r ejected and that of the three of the parties have been accepted including the pe titioner. From the minutes of the tender committee including the comparative sta tement, it appears that the tender committee evaluated the technical bids and re corded statement in respect of fulfilling requirements of the above quoted claus e 5.0 of the pre qualification criteria. As per the said minutes, out of the 5 p arties, 3 parties have fulfilled the technical bid criteria, which are the petit ioner and the respondents No. 5 and 6. If the plea of the petitioner is to be accepted, it is the petitioner al one will remain in the fray to the ouster of the private respondents. As noted a bove, there is also no averment as to the fulfillment of pre qualification crite ria of the petitioner. However, as submitted by Mr. Sahewalla, learned Sr. Couns el for the petitioner, the petitioner, who is the existing contractor fulfils th e pre qualification criteria inasmuch as his tender bid has been accepted alongw ith the private respondents. On perusal of the materials on record, it cannot be said to be acceptanc e of tender bids of the private respondents without fulfilling clause 5.0 of the pre qualification criteria. Consequently, no relief can be granted to the petit ioner and the writ petition is liable to be dismissed, which I accordingly do. Writ petition is dismissed. The respondents corporation shall now procee d with the matter in accordance with law.