Fiberfill Engineers vs State of Punjab and Others

Adarsh Kumar Goel, J.—This petition seeks quashing of Clauses 4.4. and 4.8(3) of the tender conditions in the tender notice Annexure P-

4.

Case of the Petitioner is that it is a partnership firm doing business of providing and fixing sign boards of high intensity micro prismatic retro

reflective sheeting on various State Highways in the State of Punjab. The Punjab Infrastructure Development Board and Public Works Department

issued a notice inviting tenders for the work of providing and fixing sign boards. Clause 4.4 thereof laid down a condition that bidder could be an

individual, limited company/Corporation, proprietary firm. It was not clear whether a partnership firm or partners thereof individually were eligible

for being considered on the basis of experience of the firm. Thus, the Petitioner apprehends that its bid may be rejected only on the ground that it

was not eligible. Contention raised in the petition is that excluding the partners of a firm or a partnership firm as such will be denial of level playing

field. Though the Petitioner sought clarification, reply dated 21.10.2010 was not specific on the point.

We have heard learned Counsel for the parties.

Since the Petitioner has not yet been denied consideration and the petition has been filed only on apprehension, the same is premature at this

stage and is disposed of as such. However, we direct Respondents Nos. 2 and 3 to take a specific decision on the contention of the Petitioner

about its eligibility and if the Petitioner is aggrieved thereby, it could take its remedy in accordance with law.