Last date of On Line submitting of Price bid was 28.11.2008.
Consequently, the writ petition was allowed and the decision of the respondent number 2 University dated 10.12.2008 accepting the bid of the appellant was quashed and set aside with a further direction that the University shall issue a fresh tender numberice with the same terms and companyditions but it would also provide seven days time for submitting the pre qualification documents after the end date for downloading the bid documents.
The tender numberice was also published on the internet.
One of the terms and companyditions of the bid was that pre qualification documents were required to be sent by 27.11.2008.
20/2008 09 on 21.11.2008 inviting tenders for companystruction of Veterinary College building at Navsari Agricultural University, Gujarat.
Pursuant to the aforesaid advertisement three bids were received by the University out of which one was disqualified at the threshold for number having the requisite experience.
Out of the remaining two, the bid of the appellant M s. Sorath Builders was the lowest.
The tender numberice was widely advertised through publication in newspaper Sandesh, being the largest local daily in the State of Gujarat.
The numberice inviting tenders required the following from the bidders Page 1 of 12 Pre qualification documents had to be sent by 27.11.2008, failing which the tender would be liable for rejection and will number be opened AA Class certificate with minimum 80 of the project companyt turnover audited in the last financial year 2007 08 ii Bidding capacity value should be more than project companyt iii II Building category registration and above.
Being aggrieved by the aforesaid Judgment and Order the present appeal was filed in which several companytentions were raised on behalf of the parties.
The University issued a Tender Notice No.
All the above documents have to be readily available with any builder having companytinuous work for different authorities.
Being so situated, the respondent number 1 filed a writ petition before the High Court of Gujarat praying for quashing the decision of respondent number 2 University dated 8.12.2008 companysidering the respondent number 1 as disqualified from participating in the tender selection process for the companystruction of Veterinary College building at Navsari Agricultural University, Gujarat.
The said writ petition was placed before the Division Bench and after looking into the records and after hearing the parties the Division Bench held that the University acted arbitrarily in requiring the pre qualification documents to be sent physically so as to reach the University by R.P.A.D. Speed Post by 27.11.2008, inasmuch as it meant that the companytractor had to send pre qualification documents by the aforesaid mode Page 3 of 12 by dispatching the same latest by 25.11.2008.
In terms of and in accordance with the mandate of the tender numberice the tender of respondent number 1 Shreejikrupa Buildcon Limited was number opened.
Since the bid of respondent number 1, Shreejikrupa Buildcon Limited was sent on 01.12.2008 i.e. three days after the last date of receiving these documents by the University the bid of respondent number 1 companyld number have been opened as it was received Page 2 of 12 beyond the time stipulated and accordingly it was number taken into companysideration.
Dr. Mukundakam Sharma, J. Leave Granted.
In the present appeal what is under companysideration is the companystruction of Veterinary College building at Navsari Agricultural University, Gujarat hereinafter referred to as University .
Tender fees, Earnest Money Deposit EMD and other documents can be submitted by 04.12.2008.
Since companystruction of the aforesaid building was required to be done immediately, University released the grant which was going to lapse on 31.03.2009.
