Petition Dismissed: Non-Compliance with NIT Criteria Leads to Disqualification in Bihar Branch Office Case.

The HC dismissed the petition, upholding the disqualification of the petitioner due to non-compliance with essential criteria outlined in the NIT. Despite a Corrigendum relaxing certain requirements, the petitioner failed to prove the continuous existence of a Branch Office in Bihar for over 5 years, as mandated, resulting in their non-empanelment.

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Issues:
1. Non-empanelment of the petitioner as per the Notice Inviting Tender (NIT).
2. Interpretation of the Corrigendum modifying the conditions for empanelment.
3. Disqualification of the petitioner's firm for not proving the existence of a Branch Office in Bihar for the last 5 years.
4. Submission of necessary enclosures and compliance with the tender requirements.
5. Evaluation of the Firm Constitution Certificate and compliance with the stipulated criteria.

Analysis:
1. The petitioner challenged their non-empanelment based on the NIT criteria, citing an interim order by another Division Bench. The Division Bench directed reconsideration due to a specific ground related to the absence of a 5-year certificate requirement on the initial tender submission date.
2. The respondent argued that the Corrigendum did not alter the disqualifying condition unmet by the petitioner, emphasizing the necessity of proving Branch Office existence in Bihar for 5 years.
3. The NIT specified criteria for empanelment, requiring a Branch Office in Bihar for over 5 years, registered under GST laws, with bank accounts in Bihar. The Corrigendum later relaxed the GST registration requirement but maintained the 5-year Branch Office continuity prerequisite.
4. Despite the Corrigendum modification favoring tenderers, the petitioner's disqualification was justified as they failed to prove the Branch Office's continuous presence in Bihar for over 5 years, as per ICAI Records, by submitting relevant bank statements.
5. The petitioner submitted their tender on time but failed to provide sufficient evidence of the Branch Office's 5-year existence in Bihar, leading to disqualification based on the Firm Constitution Certificate's discrepancy, showing presence for only one year according to GST records. The Court dismissed the petition, upholding the disqualification due to non-compliance with the essential criteria.

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