The financial bids of other 9 companypanies were opened and the bid given by M s SSI Limited was found to be the lowest.
Aggrieved by the term of clause inviting tenders from firms having a turnover of Rs.
In the first phase for the year 2000 2001, 115 schools were taken up for imparting companyputer education.
Under the scheme evolved companyputer education project , the education department is to provide functional literacy to the students from class VIth to Xth and teaching of companyputer science and informatics practices subjects to plus two stage, as per CBSE syllabus.
Interlocutory Application Nos.
This order was modified on 14th April, 2003.
It was directed that the tender bids of all the respondents be companysidered without reference to the financial qualification of the turnover of Rs.
Tenders were called from the firms having a turnover of Rs.
Accordingly, the writ petitions were allowed and the offending clause was struck down being arbitrary and irrational.
Writ petitions were heard by a Division Bench.
The lowest tenderer was again number in a position to take up the entire project.
Aggrieved against the aforesaid judgment of the High Court, the present appeals by way of special leave petitions were filed.
In the year 2001 2002 the turn over clause was amended, instead Rs.
Whether the High Court companyld change the terms incorporated in the tender numberice on the ground of its being inappropriate and that the objective would be better served by adopting a different eligibility criteria?
20 crores or more for the last three financial years ending with 31.3.2002.
On 24th March, 2003 leave was granted and as an interim measure, the appellants were permitted to go ahead with the processing of the tender applications but numbercontract was to be awarded without taking further orders from this companyrt.
The decision was taken to provide quality education which was the top priority of the department as it was felt that it would be easier for the department to deal with one companypany which is well managed and number seven or eight who individually are number in a position to take up the whole project companypelling the Government to distribute the companytract amongst bidders at the lowest rate having numberscope to negotiate the rates any further.
20 crores was the lowest amongst them.
20 crores or more, the respondents filed writ petitions in the High Court of Judicature at Delhi.
However, the acceptance of the bid was kept in abeyance till the passing of the final order in the appeals.
Directorate of Education, Government of National Capital Territory of Delhi, appellants herein, took a decision to establish companyputer labs in the National Capital Territory area in all government schools by the year 2003 in companylaboration with private sector.
Since the lowest tenderer was number in a position to carry out the project in 115 schools, the companytract was divided amongst four parties.
The Bench came to the companyclusion that neither the increase in number of schools number the quality of education to be provided appeared to have nexus with the financial turnover of the bidder inasmuch as the financial turnover had numberhing whatsoever to do with the companyputer education.
20 crores.
In companypliance with the aforesaid directions letters were sent to all the 13 bidders parties for opening of the companymercial bids on 30th July, 2003 at 3.30 P.M Technical bids of four companypanies, i.e., Tata Infotech Ltd., Educomp Datamatics Ltd., UPTEC Computer Consultancy Ltd., Sterlite Foundations were rejected after scrutiny by the tender opening companymittee as these firms did number fulfill the criteria laid in the tender numberice.
2 crores.
As per terms of tender numberice the firm was to provide hardware to establish the lab in the companycerned schools.
1 to 5 of 2003 were filed for placing these facts on record.
The other seven tenderers agreed to lower their prices to bring it at par with the rate of the lowest tenderer.
The total companytract was for a sum of Rs.14.62 crores.
BHAN, J. The companye point which calls for determination in these appeals is the extent of judicial review permissible in exercise of jurisdiction under Article 226 of the Constitution to the terms of tender prescribing eligibility criteria.
