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2021 (11) TMI 976 - HC - GSTRejection of technical bid - failure to furnish the GST number, along with the bid - Rule 11 of the Central Goods and Services Tax (CGST) Rules, 2017 - HELD THAT:- A bare perusal of the tender document (Annexure P-1) indicates that petitioner was required to upload the scanned copy of PAN Number and GST Number, duly signed and stamped. Concededly, the petitioner did not furnish the abovesaid documents. In such circumstances, the authorities cannot be faulted with in rejecting the technical bid submitted by the petitioner. On the other hand, admittedly, respondent No.2 had submitted the GST number, along with other necessary documents vide Annexure P-11. As regards contention raised by learned counsel for the petitioner with respect to Rule 11 of the CGST Rules, the said contention is noticed only to be rejected, in view of the fact that the petitioner has not challenged the condition requiring furnishing of GST number. Once the petitioner had accepted all the terms and conditions of the tender and was well aware of the mandatory requirement of furnishing the GST number, now she cannot be permitted to say that she was not required to do so. In such a situation, it can be safely concluded that the authorities have rightly rejected her technical bid, being non-compliant. On the other hand, respondent No.2 had furnished the GST number and was the only tenderer remaining in the fray, and therefore, declared as technically compliant. From a bare perusal of the tender document, it is crystal clear that requirement of experience is not mandatory. Further, condition No.2 of the tender document envisages that preference would be given to those tenderers, who had, at least, one year experience in running the shops of identical in nature. Once possession of experience is not mandatory, non-submission of experience certificate by respondent No.2 does not disentitle him - as stated by respondent No.1 in its return, respondent No.2 has not been extended any benefit of experience under this clause. But, in fact, he has been allotted tender, for he fulfilled all the mandatory requirements of the tender document, and was the sole tenderer remaining in the fray. The only and the inevitable conclusion that could be reached is that the petition being bereft of merit is required to be dismissed - petition dismissed.
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