High Court · 2025

Heard Sri D.S. Pat ni, learned Senior Counsel assist ed by Sri Dharm endra Bart hw al, learned counsel for t he pet it ioner, and Sri P.C. Bisht , learned Addit ional Chief St anding Counsel for t he St at e of Ut t arakhand.

2. The m at t er was list ed yest erday, and t his Court was pleased t o pass t he following order : “ 2. Learned Senior Counsel for t he pet it ioner has t aken t he Court t hrough t he I nst ruct ion t o Tenderers under t he e- t ender not ice called by t he respondent s. The learned Senior Counsel has t aken t his Court t hrough Condit ion No. 7.2, which r eads as under : t he t hen bot h firm s m ust be regist ered I f t he bidder w ishes t o part icipat e as a Joint “ ( 7.2) Vent ure Firm , Ut t arakhand, only t hen t he Joint Vent ure w ill be valid.” Learned Senior Counsel has furt her t aken t his Court 3. t hrough Condit ion Nos. 9.2 and 23 of Part - 02 of t he I nst ruct ion t o Tenderers. 4. Prim a facie, t he condit ions appear t o be t ailored wit h an obj ect ive. Hence, t here shall be a st ay of furt her proceedings. 5. List t his case on 06.03.2025.”

3. Today, t he learned Addit ional Chief St anding Counsel for respondent no. 2 has filed int o Court t he inst ruct ions received from t he Office of t he second respondent , w herein t he cont ent ious clauses, i.e. Clauses 7.2, 9.2 & 23, are now proposed t o be m odified float ing a e- t ender, aft er incorporat ing t he m odificat ions in t he e- t ender. The exist ing clauses, and t he m odificat ions proposed, are as under : SI . N o . 1 Or i g i n a l Cl a u se n o a n d co n d i t i o n o f e - t en d e r d o cu m e n t 1 ( No. 72) I f t he t enderer want s t o part icipat e t ender as a Joint t he t hen his Vent ure Firm bot h t he Firm s should be o f a s e - t e n d er p r o p o se d Co n d i t i o n d o cu m e n t a f t e r M o d i f i ca t i o n t enderer ( No.7.2) want s t he t o part icipat e t ender as a Joint Vent ure Firm t hen his bot h t he Firm s com pulsorily should t he I f 2 3 t his com pulsorily regist ered in Ut t a r a k h a n d , only t hen Joint Vent ure shall be accept able. ( No.9.1) For t he rat es per diet quot ed by t he t enderer in Financial Bid- ( BOQ Form at ) of t he e- t ender shall not be in any condit ion higher and rat es t han t he College decided by adm inist rat ion, else t he e- t ender of t he t enderer will not be accept ed. ( No.23) Tenderer should legally accept able aut hent icat ed cert ificat e of " Pest Cont rol License" and it shall be uploaded in t he Technical Bid of t he e- t ender. t he regist ered Ut t a r a k h a n d / o t h e r St a t e , only t hen Joint Vent ure shall be accept able. ( No.9.1) This Clause of t he e- st ands docum ent t ender delet ed. t he favour ( No.23) , The Tenderer t he e- t ender will be approved, will have t o co n t r o l t he m ess w o r k s" done B e f o r e t e n d e r st a r t o f w o r k s. This has also been clarified in t he clause no.53 of t he e- t ender. " Pe st

4. I n view of t he subm issions m ade, and in view of t he inst ruct ions given by t he second respondent t o t he learned Addit ional Chief St anding Counsel, w e are of t he considered opinion t hat t he prayer sought for by t he pet it ioner st ands answered. I n t hat view of t he m at t er, t he Writ Pet it ion is disposed of by grant ing libert y t o t he second respondent t o float a fresh e- t ender, aft er issuing appropriat e public not ificat ion, and also post ing it on t he web- port al of t he Depart m ent . The process of calling of e- t ender shall be com plet ed wit hin a m ont h, and com plet ed as expedit iously as possible, at any rat e, w it hin 15 days t hereaft er.

5. The Writ Pet it ion st ands ordered accordingly. There shall be no order as t o cost s. ( A l o k M a h r a , J.) ( G. N a r e n d a r , C.J.) 0 6 .0 3 .2 0 2 5 Rahul 0 6 .0 3 .2 0 2 5