The petitioners are manufacturers of distribution transformers for energy production and they are the predominant suppliers to the respondents. The petitioners herein have been supplying transformers to the first and second respondents for over 10 years. The second respondent herein had invited tenders for supply of Level-II Distribution Transformers of 7 categories by an advertisement, dated 04.09.2016 and 11.09.2016, wherein the petitioner had applied for Spec.No.M-16/16-17, 500 KVA/11KV/433V (Quantity 800 Nos), for which the tender is to be held on 24.01.2017. The tender bid will be opened first on 24.01.2017 and on that day, the tenderers will submit their bid and the same will be evaluated. Price bids of technically qualified tenderers based on technical evaluation will be opened on a notified date.
2. The petitioners state that for the tenders, the first and second respondent have now brought in a special condition that the suppliers should have a certification from the third respondent herein, viz., BIS (Bureau of Indian Standards) apart from the certification of CPRI or ERDA. The petitioners further state that if the second respondent evaluates the tender by insisting upon the certification from the third respondent, the petitioners and all other tenderers who have not obtained BIS certification would be put to great loss and hardship. Hence, the petitioners have come before this Court seeking a writ of mandamus directing the second respondent to evaluate the tender in Notification No.M-16/16-17 on 24.01.2017 without insisting upon the certification of the third respondent (BIS).
3. Mr.Venkatachalapathy, learned Senior counsel appearing for the petitioners placing on record, the details of the companies who participated on 20.01.2017 in Tender Auction No.M-17/16-17 for 160 KVA/11KV/433 V Amorphous Core Type would submit that when the names of the companies shown in S.Nos.12,13,14 and 16 had obtained certificate from BIS, the rest of the participant companies namely from Sl.No.1 to 11 and 15 who are also similarly placed companies like that of the petitioners not possessing the certificate from BIS were permitted to take part with an undertaking that they would produce the certificate from BIS on the date of issuance of the work order. Therefore, the petitioners who are also similarly placed companies on par with 12 other companies who have given undertaking to produce the certificate from BIS, to be treated on par with 12 other companies.
4. Mrs.M.Latha, Executive Engineer and Mr.A.Pandurangan, Assistant Executive Engineer have also made a statement before this Court in the presence of the learned standing counsel appearing for the respondents the undertaking given by 12 other companies are to be considered for acceptance only by the Board of Directors.
5. Mr.Venkatachalapathy, learned Senior counsel also fairly submitted that let the Board of Directors take a decision on the undertaking to be given tomorrow along with other undertakings.
6. In view of the above, since 12 other companies have submitted their applications along with undertakings, the petitioner's case also shall be considered along with others. The second respondent is also directed to receive the tender application of the petitioners along with the undertaking and the same be decided by the Board of Directors.
With these directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
23.01.2017 tsvn Internet : Yes / No Note to Office : Issue order copy by 24.01.2017 11 a.m To
1. The Chairman Tamil Nadu Electricity Board, No.144, Anna Salai, Chennai - 02.
2. The Chief Engineer Material Management, TANGEDCO, 144, Anna Salai, Chennai.
3. The Bureau of Indian Standards, Rep. by its Chief Scientists, Southern Region, IV Cross Road, CIT Campus, Taramani, Chennai - 113.
T.RAJA, J tsvn W.P.No.1608 of 2017 23-01-2017 http://www.judis.nic.in