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Judgment
The petitioner admittedly challenges the condition No.24 incorporated in the bid document by the respondents which has resulted in ousting the petitioner from participation and is having been rejected.
E-Bid was conducted by the Nagaur District Co-operative Milk Producers Union Ltd., Nagaur in terms of the Rajasthan Transparency in Public Procurement Act, 2012 (hereinafter referred as 'RTPP Act'). As per the said Act, Section 38, appeal would lie against any decision, action or omission of the procuring entity which is in contravention to the provision of the Act or the Rules thereunder.
Learned counsel appearing for the petitioner submits that the appeal would not lie under Section 38 of the RTPP Act as the contentions of the petitioner is that the conditions incorporated is in contravention of the Rajasthan Contract Labour (Regulation and Abolition) Act, 1970 and the Rajasthan Contract Labour (Regulation and Abolition) Rules 1971.
I have considered the submissions. Taking into consideration that the petitioner's bid rejection is on account of the condition incorporated by the procuring entity under clause 24 of the bid document and the decision of the procuring entity of incorporating such provision will have to be examined by the competent Appellate Authority. Thus, in my considered view, the appeal would lie under Section 38 of the RTPP Act and the petitioner is well advised to prefer an appeal incorporating all his submissions which he has raised before this Court.
If such an appeal is preferred, the Appellate Authority shall not insist upon the issue relating to limitation. However, the petitioner will be required to deposit the fee before the appeal is heard. If such an appeal is preferred, the Authority is directed to decide the appeal positively within a period of 30 days of submission thereof. Petitioner would be free to challenge the order if further aggrieved. He would be also free to initiate contempt proceedings if the appeal is not decided within the stipulated period.
Accordingly, with aforesaid observations, the writ petition is disposed of on account of availability of alternative remedy.
Since, the writ petition is disposed of, the stay petition is also disposed of accordingly.