2025:UHC:1550-DB SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS 06.03.2025 WPMB No. 55 of 2025 Hon’ble G. Narendar, C.J. Hon’ble Alok Mahra, J. 1. Heard Sri D.S. Patni, learned Senior Counsel assisted by Sri Dharmendra Barthwal, learned counsel for the petitioner, and Sri P.C. Bisht, learned Additional Chief Standing Counsel for the State of Uttarakhand. 2. The matter was listed yesterday, and this Court was pleased to pass the following order : “2. Learned Senior Counsel for the petitioner has taken the Court through the Instruction to Tenderers under the e- tender notice called by the respondents. The learned Senior Counsel has taken this Court through Condition No. 7.2, which reads as under : “(7.2) If the bidder wishes to participate as a Joint Venture Firm, then both the firms must be registered in Uttarakhand, only then the Joint Venture will be valid.” 3. Learned Senior Counsel has further taken this Court through Condition Nos. 9.2 and 23 of Part-02 of the Instruction to Tenderers. 4. Prima facie, the conditions appear to be tailored with an objective. Hence, there shall be a stay of further proceedings. 5. List this case on 06.03.2025.” 3. Today, the learned Additional Chief Standing Counsel for respondent no. 2 has filed into Court the instructions received from the Office of the second respondent, wherein the contentious clauses, i.e. Clauses 7.2, 9.2 & 23, are now proposed to be modified by floating a fresh e-tender, after incorporating the modifications in the e-tender. The existing clauses, and the modifications proposed, are as under : SI. No. Original Clause no and condition of e-tender document Condition of e-tender document as proposed after Modi fication 1 1 (No. 72) If the tenderer wants to participate in the tender as a Joint Venture Firm then his both the Firms should be (No.7.2) If the tenderer wants to participate in the tender as a Joint Venture Firm then his both the Firms should be compulsorily 2025:UHC:1550-DB compulsorily registered in Uttarakhand, only then Joint Venture shall be acceptable. registered in Uttarakhand/other State, only then Joint Venture shall be acceptable. 2 (No.9.1) For this the rates per diet quoted by the tenderer in Financial Bid- (BOQ Format) of the e-tender shall not be in any condition higher and lower than the rates decided by the College administration, else the e-tender of the tenderer will not be accepted. (No.9.1) This Clause of the e- tender document stands deleted. 3 (No.23) Tenderer should have legally acceptable authenticated certificate of "Pest Control License" and it shall be uploaded in the Technical Bid of the e-tender. (No.23), The Tenderer in whose favour the e-tender will be approved, will have to get the "Pest control works" done in the mess Before start of tender works. This has also been clarified in the clause no.53 of the e-tender. 4. In view of the submissions made, and in view of the instructions given by the second respondent to the learned Additional Chief Standing Counsel, we are of the considered opinion that the prayer sought for by the petitioner stands answered. In that view of the matter, the Writ Petition is disposed of by granting liberty to the second respondent to float a fresh e- tender, after issuing appropriate public notification, and also posting it on the web-portal of the Department. The process of calling of e-tender shall be completed within a month, and completed as expeditiously as possible, at any rate, within 15 days thereafter. 5. The Writ Petition stands ordered accordingly. There shall be no order as to costs. (Alok Mahra, J.) (G. Narendar, C.J.) 06.03.2025 06.03.2025 Rahul 2025:UHC:1550-DB