IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 WP(C).No. 22166 of 2011(U) -------------------------------------- PETITIONER: ------------------- ABY K. MATHEW, S/O. MATHAI, KAVANAL HOUSE, PUTTUMANOOR, PUTHENCRUZ, ERNAKULAM DISTRICT. BY ADVS. SMT.AYSHA YOUSEFF, SMT.MOLLY JACOB, SMT.RABIA BEEGAM, SRI.JOBI.A.THAMPI. RESPONDENTS: ------------------------ 1. THE EXECUTIVE ENGINEER, CENTRAL PUBLIC WORKS DEPARTMENT, TRICHUR DIVISION, MUNDASSEREY BUILDINGS, CHEMBUKAVU, TRICHUR DISTRICT - 680 020. 2. THE SUPERINTENDING ENGINEER, CENTRAL PUBLIC WORKS DEPARTMENT, NORTH CIRCLE, KALLAI, KOZHIKODE- 673 003. 3. THE CHIEF ENGINEER, SOUTH ZONE, III,CENTRAL PUBLIC WORKS DEPARTMENT, IST FLOOR, B WING, KENDRIYA SADAN, KORAMANGALA, BANGALORE - 560 034. R1 TO R3 BY SMT.GOVINDU P.RENUKADEVI, C.G.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.22166/2011-U: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE TENDER FORM CONTAINING GUIDELINES FOR SUBMITTING E- TENDER FOR THE WORK OF CONSTRUCTION OF B S F CAMPUS AT TRICHUR. EXT.P.2: COPY OF THE TENDER NOTIFICATION PUBLISHED IN THE MALAYALA MANORAMA DAILY DTD. 22/03/2011. EXT.P.3: COPY OF THE JUDGMENT DTD 31/05/2011 IN W.P.(C).8738/2011 OF THE HON'BLE HIGH COURT OF KERALA. EXT.P.4: COPY OF THE TENDER FORM CONTAINING GUIDELINES FOR SUBMITTING E- TENDER FORM FOR THE WORK OF CONSTRUCTION OF BSF CAMPUS AT TRICHUR. EXT.P.5: COPY OF THE EXPERIENCE CERTIFICATE DTD. 25/07/2008 ISSUED BY THE SUPERINTENDING ENGINEER, KERALA STATE ROADS DEVELOPMENT AUTHORITY. EXT.P.6: COPY OF THE EXPERIENCE CERTIFICATE DTD. 06/10/2004 ISSUED BY THE SUPERINTENDING ENGINEER, COMMISSIONERATE OF RURAL DEVELOPMENT THIRUVANANTHAPURAM. EXT.P.7: COPY OF THE E-TENDER SUBMITTED BY THE PETITIONER. EXT.P.8: COPY OF THE LETTER DTD. 01/08/2011 ALONG WITH COPY OF E-MAIL ISSUED BY THE EXECUTIVE ENGINEER, CENTRAL PUBLIC WORKS DEPARTMENT, TRICHUR. EXT.P.9: THE DETAILS OF THE PACKAGE NO.KR0605 DOWN-LOADED FROM THE WEBSITE OF THE `PRADHAN MANTRI GRAMA SADAK YOJANA', UNDER THE MINISTRY OF RURAL DEVELOPMENT, GOVERNMENT OF INDIA. RESPONDENTS' ANNEXURE: ANNEXURE R2(A): COPY OF THE CLARIFICATION CERTIFICATE ON THE CERTIFICATE PRODUCED BY SHRI.K.V. SANKARANKUTTY DTD. 19/07/2011 AND 19/02/2011. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 22166 OF 2011 ----------------------------------------------------- Dated this the 19th day of August , 2011 J U D G M E N T Petitioner is a registered A Class P.W.D. Contractor. In this writ petition he is aggrieved by Ext.P8, a communication issued by the respondent, rejecting he tender submitted by the petitioner for the reason that the endorsements in Exts.P5 and P6 experience certificates produced by him do not clearly specify the quantum of road work done in the total packages mentioned therein. 2. Briefly stated the facts relevant are that in response to Ext.P4 tender notice petitioner submitted his tender producing Exts.P5 and P6 experience certificates. It is these certificates which were rejected by Ext.P8 letter for the reason stated above. Both the certificates are identically worded and therefore Ext.P5 is extracted below for reference. W.P.(C) No. 22166 OF 2011 :2 : “This is to certify that Sri.Aby.K.Mathew, Kavanal House, Puttumanoor, Puthencruz had undertaken the work of PMGSY – 2003 – 2004 Phase III Package No.KR 06 05 of Kottarakkara Block in Kollam District, vide agreement No.I/PMGSY/2004-2005 dated 01/01/2005 of the Executive Engineer, The Poverty Alleviation Unit, Jilla Panchayath, Kollam. The above said package includes Earth works, formation of road, Constructions of Bridge work and C.D. Works etc. The estimate amount of the package is 190.33 lakhs (Rupees One Hundred and Ninty point three lakhs). The above package was completed in all respects on 28.3.2008.” 3. Therefore, Ext.P5 itself show that although the estimated cost of the total package is indicated, the value of each of the individual works are not specified in the W.P.(C) No. 22166 OF 2011 :3 : tender notice. It is for that reason that by Ext.P8, experience certificates have been rejected. 4. The work in question tendered by Ext.P4 is the construction of BSF Campus at Thrissur and the details given is extracted as under. “construction of BSF Campus at Thrissur . SH. Development of internal roads including levelling, side drains, cross drains and helipad.” 5. Going by clause 1.2 of the tender notice, the tenderer should have satisfactorily completed “similar works” which has been defined as “road works”. The required value of 'similar works' has been explained in the tender notice thus: “Three similar works each of value not less than Rs.70 lakhs or two similar work each of value not less than Rs.80 lakhs or one similar work of value not less than Rs.130 lakhs in last 7 years ending 31.1.2011. W.P.(C) No. 22166 OF 2011 :4 : The value of executed works shall be brought to current costing level by enhancing the actual value of work at simple rate of 7% per annum, calculated from the date of completion to 21.2.2011. 6. Thus to ascertain as to whether the tenderer has executed similar works qualifying himself to be considered for awarding the work, he should have produced certificates indicating that he has executed road works of value which is mentioned as tender conditions. Exts.P5 and P6, experience certificates do not give the value of the road work and therefore it cannot be said that the view taken by the authorities in Ext.P8 is irrational, warranting interference by this court. Hence this petition fails and the same is dismissed. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge