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2025 DAILYLAW 6661 (JHR)

AJAY KUMAR RAI v. THE STATE OF JHARKHAND, THROUGH ITE SECRETARY

WPC/1066/2025 · 2025-03-25

Deepak Roshan

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 1066 of 2025 Ajay Kumar Rai, S/o Harsh Rai, aged about 49 Years, R/o Babhantoli, P.O.-Giridih,P.S.: Giridih, District: Giridih, Jharkhand 815301 ... ... ... ... ... Petitioner Versus 1. The State Of Jharkhand, through its Secretary, Building, Construction Department, 2nd Floor, Project Bhawan, Ranchi, P.O.- HEC Expert Hostel and P.S.: Dhurwa, District: Ranchi-834004. 2. The Chief Engineer, Building Construction Department, Jharkhand, having its Office At Combined Building, Deputy Para, Ahirtoli, Ranchi, Jharkhand, P.O.- Kutchery and P.S.: Kotwali, District: Ranchi, 834001. 3. The Executive Engineer, Building Construction Department, Building Division-Giridih, having its Office at Building Construction Department, Building Division- Giridih, Kuldiha, P.O.-Giridih & P.S.: Giridih, District: Giridih, Jharkhand 815301. … … ... Respondents --------- CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE DEEPAK ROSHAN --------- For the Petitioner: Mr. Mahesh Tewari, Advocate Mr. Abhishek Kumar Dubey, Advocate For the Respondents: Mr. Yogesh Modi, A.C. to A.A.G.-IA --------- 04/Dated: 25.03.2025 1) Heard both sides. 2) The grievance of the petitioner in the writ petition is that the petitioner’s tender was disqualified for non-fulfillment of the technical para-meters specified in clause 21 erroneously. 3) Clause 21 states as under:- “21. Minimum Financial Turnover in any one year should not less than the value of work, during previous three financial years. Escalation factors: Years Before Multiply Factor One 1.1 Two 1.21 Three 1.33” -2- 4) Admittedly for the financial year 2021-22, the turnover of the petitioner was only ₹ 67,88,488/-. As per clause 21 this is to be multiplied by 1.33. On such multiplication it is clear that the value obtained is less than the contract value of ₹ 2.22 crores. 5) Therefore, we find no error in the decision of the respondents in holding that the technical bid submitted by the petitioner does not fulfill the norms. Accordingly, the writ petition is dismissed. 6) Interlocutory application, if any, also stands disposed of. (M.S. Ramachandra Rao, C.J.) (Deepak Roshan, J.) Sharda/MM/ Cp. 02