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Judgment
Vipin Sanghi, CJ
1) The petitioner has preferred the present petition to challenge the condition-I, where under, minimum two years experience of food grain transportation in Food and Supply Department of the respondent has been prescribed as a qualifying condition.
2) The submission of learned counsel for the petitioner is that this condition was not prevalent, when tenders were issued in the Financial Year 2018-19 and 2019-2020. This condition was introduced from Financial Year 2020-2021 onwards. Mr. Adhikari submits that this condition would oust not only the petitioner, but other contractors having less than two years experience of working with the Food Supply Department.
3) We have examined the said condition, and the submission of Mr. Adhikari.
4) We do not find any merit in the aforesaid submission. The past experience of two years prescribed by the respondents cannot be said to be unreasonable. It is for the respondents to stipulate the eligibility criteria, and experience requirements, while inviting the tenders. It is not the case of the petitioner that with the prescription of the aforesaid condition, there would not be much competition, since there are several contractors, who have such past experience of two years for working in the food grain transportation for Food Supply Department of the State.
5) For the aforesaid reasons, we are not inclined to interfere with the aforesaid condition in the tender issued by the respondent on 04.03.2023.
6) The petition is, accordingly, dismissed.