Strict adherence to contractual terms and conditions is crucial in tender processes, and non-compliance can lead to rejection of the bid.

JUDGMENT :

R.N. Laddha, J.

Rule. Rule made returnable forthwith. The writ petition is taken up for hearing and final disposal, by consent and on the request of the learned Counsel for the parties.

2. By this petition, under Article 226 of the Constitution of India, the petitioner seeks to impugn the legality of the tender process followed by respondent Nos. 2 to 4 which resulted in the petitioner being held ineligible for the financial bid, which act of the respondent Nos. 2 to 4, according to the petitioner, is illegal, arbitrary and in violation of express terms of tender document dated 19-11-2020. The petitioner, therefore, prays for a writ directing respondent Nos. 2 to 4 to declare the petitioner as being eligible for the financial bid and further to declare the petitioner as the lowest bidder and therefore, entitled to the award of work under the said tender bid.

3. The petitioner is a private limited company duly registered under the provisions of the Companies Act, 2013. The petitioner is registered as a contractor with the Zilla Parishad, Jalgaon. The respondent No. 4 published a Public E-tender Notice bearing No. 05/2020-21, on 19th November, 2020, inviting online percentage rate tenders from contractors registered with the Zilla Parishad for carrying out construction work of eight Primary Health Centers at various places within the Jalgaon district. As per the tender conditions, the bidders were required to fill up the online tender between 20-11-2020 and 14-12-2020 till 18.00 hours. The technical bid was scheduled to be opened on 16-12-2020. Clause 6 of the tender notice mandated five days gap between the opening of the technical and financial bids.

4. It is submitted by the petitioner that on 15-12-2020, the respondent No. 4 issued a Brief Tender Notice (‘BTN’ for short) extending the time line for submission of the bids to 17-12-2020 till 18.00 hours. On 17-12-2020 the petitioner submitted the bid for item No. 3 of the tender document i.e. construction of Primary Health Center, Main Building at Lohara, Taluka-Pachora, District-Jalgaon and also deposited a sum of Rs.3,90,500/- towards the Tender Fee and Earnest Money Deposit. The submission of the said bid online, was confirmed and tender I.D. number was also assigned to the petitioner’s tender. In the Public E Tender Notice, according to the petitioner, the estimated cost of the work of construction of Primary Health Center, Main Building at Lohara was shown to be Rs.3,54,78,559/-. The petitioner company quoted a sum of Rs.3,05,14,387/- which was 13% less than the sum stated in the Public E Tender Notice. As per the chart published, the lowest bidder i.e. respondent No. 5 Firm had quoted a sum of Rs.3,75,25,681.42/- which was higher by Rs.70,11,294/- as compared to the sum quoted by the petitioner company. As per the BTN, though the technical bids were to be opened on 21-12-2020, these bids were not opened on that day. In fact, these bids were opened on 29-1-2021, and the petitioner was held ineligible for the opening of its financial bid for the reason that the petitioner had not submitted the requisite declaration on his letter-head in the P.D.F. format.

5. It is the case of the petitioner that as per clause No. 6 of the tender document, there should have been five days gap between the openings of the technical and financial bids. However, the same was not followed and both the technical and the financial bids were opened on the same day, i.e. on 29-1-2021. Immediately thereafter, on 1-2-2021 the petitioner approached the respondent Nos. 2 to 4 and filed an application, praying to accept the declaration and hold the petitioner company eligible to participate in the financial bid. Again, on 27-2-2021, the petitioner filed an application and repeated his request to accept the declaration and to hold him eligible for the financial bid. Thereafter, the petitioner also issued legal notice to respondent Nos. 2 to 4 calling upon them to accept the declaration and to hold th