Hon'ble Mahendra Dayal,J.
In compliance of the order dated 21.1.2014, learned Standing Counsel has produced the relevant record.
Heard Sri J. N. Mathur, Senior Advocate duly assisted by Mr. Mudit Agarwal, learned Counsel for the petitioner, learned Standing Counsel and Mr.Anwar Ashfaq, learned Counsel appearing for the opposite parties.
Grievance of the petitioner is that though the technical details of the petitioners were under active consideration, but the respondents-authorities opened the financial bid of the respondent No.4. Therefore, the instant writ petition has been preferred on the ground that the financial bids of the tenders can be opened only after finalization of technical bids. Here, in this case, the technical bid of the petitioner was found to be in order and he successfully demonstrated the machine before the Expert Committee, which also recommended the case of the petitioner. Therefore, he had a right to get his financial bid considered. According to him, he fulfils all the requisite conditions enumerated in the Tender document and also meets the specifications required therein. As the Prognosys does not approval from United States Food & Drugs Administration Certificate (USFDA), which is an essential condition as per tender document their technical bid is liable to be rejected on this count alone. In the meantime, the respondents-authorities are in the process of dialogue with the petitioner for re-determination of the machine offers by it and the petitioner has also acceded to their request.
Sri J. N.Mathur, Senior Advocate appearing on behalf of the petitioner, while making such allegations, has placed a photocopy of the Tender Form No. QC-637 Digital X-ray Machine.
In order to verify the aforesaid facts, we directed to produce the relevant records, specifically a copy of this Tender Form No.QC-637 Digital X-Ray Machine. On perusal of the records it reflects that the opposite parties have maintained a register mentioning the aforesaid tender details. On first page, it has been mentioned as under:-
"Q.C. 637/4477 dt. 19.6.2013 (1) C.T. Scan - 15 nag (2) Digital X-Ray Machine - 57 nag ka kray ....."
On further perusal of the record, it reveals that the date for opening documents was mentioned as 24.9.2013.
It has been submitted that the said register was opened as and when the tender objections were received by the department. Further, on page - 8 in the aforesaid register, at the bottom of tender document, it has been mentioned as 'qualified', though was no date below the signature of the authority.
After comparing the same with the register produced by the learned Additional Chief Standing Counsel certain notings were also mentioned in the original records and that notings pertain to 24.12.2013.
The opposite parties have also produced a file of notings and order No. 8F/Bhandar/QC-637 CMSD 2013-14, Digital X-ray Machines ka kray. The said file comprises 21 pages. The order-sheet starts from 19th June, 2013 and the last date is 3rd January, 2014.
On perusal of pages 16 to 18 of the said order-sheet, it reflects that several meetings took place from 14.12.2013 to 17.12.2013 and it has come to the notice of the Court that on 17.12.2013 certain objections were received by the department and after deciding the said objections, it was directed for opening the financial bid of M/s Prognosys Medical Systems Pvt. Ltd.. The said entry is at page 18 of the said order-sheet. Therefore, further objections were received on 19.12.2013. On further perusal of the order-sheet of 19.12.2013, it reflects that on 12.12.2013, it has been informed to the petitioner that the petitioner's machines complied with all specifications mentioned in the tender document, but subsequently, on 24.12.2013 a 'U Turn' has been taken by the Committee.
At this stage, learned Counsel for the opposite party No.4 prays for and is hereby granted 24 hours' time to fetch instructions.
List/Put up on 10.03.2014.
Order Date :- 4.3.2014 Anurag/-