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| HC dismisses petition challenging allotment of transportation of food-grains by FCI | | |
EARLY TIMES REPORT
Jammu, Apr 5: Justice Sunil Hali dismissed a petition challenging the allotment of multi-crore rupees transport contract issued by Food Corporation of India (FCI) on February 9, 2010. In the detailed judgment Justice Sunil Hali after hearing battery lawyers from both the sides said that petitioner's tender was not rejected on the ground that peripheral condition of the tender has become the basis of rejection of its tender, but its tender was rejected on the ground that he does not have work experience as a transport contractor which is one of the essential conditions of the tender. Court cannot substitute its own opinion for that of the experts.
Determination by respondents as to who satisfies the requirement of transport contractor is a decision which has been taken on the basis of objective test and not subjective one.
The decision making process in the present case is not vitiated either by arbitrariness, unfairness or illegality. The respondents categorically have informed the petitioner to show that it possesses requisite experience as a transport contractor.
Even though, at the time of filing the technical bid, agreement of 1995 was not placed with the tender document and on this count only, respondents could have rejected the tender at that stage. Petitioner was, however, given opportunities to clarify this aspect vide communication dated March 9, 2010 as also vide communication dated 16.03.2010. It is only after receipt of clarification from the petitioner, the respondents found that the petitioner did not satisfy the condition that it has work experience as a work contractor as required by them. The order of rejection clearly reveals that petitioner did not have sufficient experience as a transport contractor as communication relied upon by it did not conform to the requirements as set out in the eligibility clause of the tender. As a matter of fact the petitioner has been given fair opportunity by the respondents for presenting its case.
Court in this connection referred a judgment of Supreme Court entitled Tata Celluar Vs Union of India. Applying similar principles in the present case, Court further observed that it be seen no fault can be found with the decision making process of the respondents to reject the case of the petitioner as it has been found that the petitioner was not a transport contractor as such its tender was rightly rejected. With these observations Court dismissed the petition filed by M/S Shivam Enterprises challenging the allotment of multicrore rupees transport of contract of FCI and vacated the interim direction issued on March 30, 2010. --JNF
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