Tender for the Implementation of Spraying and Fogging Utilizing Falsified Chartered Accountant Certification

The petitioner, a proprietary firm, has invoked the jurisdiction under Article 226 of the Constitution of India. The prayer is to issue a writ of certiorari or any other appropriate writ to annul and set aside the order dated 7th February 2023. The challenge pertains to the portion of the order that deems Respondent No.2 – M/s. S and R Pest Control Services qualified in the technical bid submitted for the award of Tender No.2. This tender was issued pursuant to e-tender notice No.3/2022 by Respondent No.1 – Nashik Municipal Corporation. The tender involves the execution of work related to daily spraying and fogging activities for controlling Vector Borne Diseases under the Urban Malaria Scheme, including the supply of manpower, machinery, and equipment in Nashik Municipal Corporation.

Considering the aforementioned circumstances, it is our view that the Additional Commissioner, in appending his note and approving the technical bid of Respondent No.2, did not act with the necessary fairness. The rationale presented in the Affidavit-in-Reply by Respondent No.2 to justify their technical qualification cannot be relied upon to support the decision made by the Additional Commissioner, as these reasons or justifications are not evident in his note attached to the minutes of the Tender Committee meeting.

As previously noted, three members of the Tender Committee have explicitly expressed their opinion based on the documents submitted by Respondent No.2, including the work orders related to spraying and fogging, totaling Rs.60,03,384 only. They assert that this does not fulfill the conditions outlined in tender condition No.6. While the Corporation’s Chartered Accountant has opined that Respondent No.2’s total turnover is Rs.5.64 Crores, the three committee members thoroughly scrutinized this opinion and concluded that the work orders submitted by Respondent No.2 only accounted for a total of Rs.60,03,384. The conclusion drawn by these committee members is firmly rooted in the evaluation of the provided documents.

the delivery of the Judgment, the legal representatives acting on behalf of respondents 1 and 2 requested a stay on the Judgment. This request for a stay was denied.

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