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VIBHA KANKANWADI, S. G. CHAPALGAONKAR
H. P. Ghumare, Through it’s Proprietor, Haridas s/o Pralhad Ghumare – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
S.G.Chapalgaonkar, J.
1. Rule. Rule made returnable forthwith. Heard finally with consent of the parties at admission stage.
2. The petitioner approached this Court under Article 226 of the Constitution of India, thereby impugning the communication/notice dated 25.9.2023, by which petitioner alongwith two other lowest bidders were invited for negotiations by tendering authority i.e. Respondent no.4. However, during pendency of this petition, respondent no.3 passed further order dated 17/20.11.2023, disqualifying the petitioner, although he was already declared qualified and L-1 bidder. The petitioner has incorporated challenge to said communication by amending the writ petition.
3. The petitioner contends that, he is a reputed contractor and since year 2021 undertakes the work of water supply through Tankers under various contracts. Respondent No.3 - District Collector, Beed had floated E-Tender notice dated 13.7.2023 inviting bids for supply of water Tankers in District Beed. As per Schedule, the petitioner submitted his bid alongwith requisite documents. In all 8 bidders participated in Tender process. On Technical scrutiny all eight (8) participant were declared qualified
The main legal principle established is the authority of the Tendering Authority to waive non-essential tender conditions and the requirement for rational decision-making in such matters.
Lowest bidder has no vested right to contract; authority may cancel tender for valid reasons like cartel without malice; tender conditions not judicially reviewable unless arbitrary.
The court ruled that tender documents clearly required prices quoted to exclude Goods and Services Tax (GST), affirming that ambiguity in contractual terms did not exist.
The judgment establishes the importance of meeting essential tender conditions, particularly the financial qualification criteria, and the consequences of non-compliance.
The judgment establishes the importance of meeting essential conditions in a tender process and emphasizes the significance of complying with prescribed formats in tender documents.
The court established that misinterpretation of tender conditions by the authorities can lead to judicial intervention under Article 226 of the Constitution, emphasizing the need for clarity and fair....
The court affirmed that compliance with the mandatory requirements outlined in the NIT is essential for eligibility in the bidding process.
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