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SUPREME COURT OF INDIA
J.B.PARDIWALA, K.V.VISWANATHAN
Bridge & Roof Company (India) Ltd. – Appellant
Versus
Indian Institute Of Technology, Mandi – Respondent
| Table of Content |
|---|
| 1. tender floated; bid disqualified over blacklisting non-disclosure. (Para 1 , 2 , 3 , 4) |
| 2. high court rejects writ for unexplained blacklisting. (Para 5 , 6 , 7) |
| 3. petitioner argues no blacklisting and demands technical evaluation. (Para 8 , 9 , 10 , 11 , 12) |
| 4. iit defends rejection citing opportunities given and discretion. (Para 13 , 14 , 15 , 16 , 17) |
| 5. court upholds non-interference absent mala fides. (Para 18 , 19) |
| 6. no valid blacklisting order against petitioner. (Para 20 , 21 , 22) |
ORDER :
This Special Leave Petition arises from the judgment and order dated 11.12.2025 passed by the High Court of Himachal Pradesh in CWP No. 19682/2025, by which the writ petition filed by the petitioner herein seeking to challenge the action on the part of the respondent no.1- M/s. Indian Institute Of Technology, Mandi (for short ‘IIT, Mandi’) in declining to look into the financial bid of the petitioner came to be rejected.
2. The short facts relevant for the disposal of this writ petition are as under:-
3. The respondent no.1-IIT, Mandi floated a tender being RFP No.IIT Mandi (CW)/SE-1770/2025-26/1241-43 dated 30.07.2025 for “Project Management Consultancy(PMC) services for pla
Judicial non-interference in tenders upheld absent mala fides or arbitrariness; non-disclosure of challenged blacklisting justifies disqualification if no timely rollback proof provided.
The discretion of the accepting authority in tender matters and the importance of truthful declarations in tender submissions.
Judicial review in tendering must focus on lawfulness over soundness; a bidder's failure to disclose critical past conduct can lead to disqualification without notice.
Disqualification from tender processes necessitates adherence to procedural fairness; blacklisting without notice is arbitrary and invalid.
The impugned actions of issuing the show cause notice and blacklisting the petitioner were arbitrary, unconstitutional, and violated principles of natural justice. The court emphasized the requiremen....
Blacklisting in public contracts requires compelling evidence of misconduct; mere disputes over contract terms do not justify severe penalties.
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