/, (WW BEFORE THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR. ' w.P.No. QQSQ /2oo3 / PETITIONER Datta Electrical Engineering Works also Written as Dutta Electrical Engineering Works, through its partner, Onkar Mahajan, aged about 58 years son of Late D.K. Area, Bhilai—26, Distt. Durg (Chhattisgarh) / Mahajan, 17o Light Industrial VERSUS RESPONDENTS 1. National Mineral Development Corporation Limited, Through its Chairman—Cum~Managing Director 10—3-311/A, Castle Hills, Masab Tank, Hyderabad 500028 (A.P.) 2. The General Manager, National Mineral Development Corporation Ltd. , Bailadila Iron Ore Project Deposit 14, Kirandul, Distt. Dantewada (CG) 494556 The Deputy General Manager {(E) S} National Mineral Development Corporation Ltd. , Bailadila Iron Ore Project Deposit -l4, Kirandul, Distt. Dantewada (CG) 494556 PETITION UNDER ARTICLES 226 OF THE CONSTITUTION OF IN INDIA FOR ISSUANCE OF WRIT, ORDER OR[AND DIRECTION OTHER THE APPROPRIATE NATURE OF MANDAMUS, NATURE. CERTIORARI OR OF ANY The petitioner respectfully begs to submit as under:— PARTICULARS‘ OF ABOUT THE PETITIONER As per cause title. ‘ ‘ ‘ PARTICULARS OF THE RESPONDENTS As per cause title. x Shn‘ M.P.S. Bhatia, counsel for the petitioner, hri S. Kosh'y, counsd for ths respondents. Heard both the counsel. B this writ petition‘under A i y r e 226 of the Constitution of India, the petitioner has challenged the action f the respondents for not accepting the bids/tenders of the petitioner. it is submitted that even the ds of the petitioner were found lowest among the ten tenderers. eturn has been filed on be alf of the Iespondents, in which it is stated that earlier tenders were not nd in conformity with the guidelines issued by the Central Government as well as by the Corporate Office, that is why the respondents decided to cane lthe earlier tenders and now they have decide to re—invite the tenders an to issue tenders only to those firms which are listed in the ISO doc mentation and have a satisfactorv prformance ertificate of executing t e work for more than one work/project of the respondent organization as the guidelines Since the petitioner does not qualify those requirements, therefore, the petitioner has not been notified in the revised bid. t- Whereas, learned counsel for t e petitioner submits that the petitioner qalifies in all respects and he is hol er of the ISO 2002 certificate and he is working with so many organizati r He further submits that he has experience certificate of working in e than one project of the respondent organization with the satisfactory p Vrmance. I view of the above pleadings f the parties, so far as the cancellation of the previous tenders are concern d, if we look into the notice inviting tenders (Annure P-Ql’which was i d to the petitioner, column 1i itself prescribes a ondition that “the C ation reserves the right to accept or v S R ' 1 1 i R u d e c p u o e n ex s e c o r WW, W;m’ W3? . 9) V>l€§$/ -ar€:s1w (Wu) WWW @ wzeo 3 WWW WW ‘ $afmw§¥i 2~~ reject any tender “7181011: 1nd1cat full quantity at its discretion”. T respondents are within the right to cancel all the tenders if they do not conform to the requirements or i1” the tenders were net issued in conformity with the guidelines issues by the Now, coming to the re—tender, learned counsel for the respondents submits that the petitioner does Som. mg any reason or to place 6rder far part or lerefore, in View of the above condition, the Corporate Office and the Ministry, not qualify to the guidelines, whereas the counsel for the petitioner submits that the petitioner qualifies with the guidelines. in the given situation, th notice inviting tenders (N.I.T.) to the respondents Will be at liberty; to scrutinize the tenders submitted by the petitioner as to Whether the petiiioner qualifies the terms an conditions of l while issuing N.l.T. s tall specify all the required for filing in bid documents and in the fresh tender bids and that will be in order to find out theeligibility: of the ider process ions and directions, the petition stands e respondents are directed to issue fresh the petitioner inviting his tenders/ bids and the NIT. But the respondents terms and conditions, which are turn, the petitioner, shall file scrutinized by the respondents petitioner to participate in the te: With the above obsewat disposed of. Parties are entitled for oer :ified copy of this order. ’ sal— GRPRJ FS/350—lZ/2000 50,000.