Back
DEVENDRA KUMAR UPADHYAYA, AMIT BORKAR
Rajaram Construction – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
AMIT BORKAR, J.
1. The present petition challenges the legality and propriety of the communication dated 14th March 2024, regarding the technical bid summary, which demanded details of bid capacity and technical manpower, as well as the communication dated 18th June 2024, rejecting the petitioner’s bid and declaring the petitioner disqualified.
2. The petitioner, a proprietorship firm engaged in civil construction works for the past 15 years, has brought this petition. Respondents Nos. 2 and 3 issued e-Tender Notice No. 40 of 2001 (2023-2024), inviting bids for two works, which were published online from 15th February 2024 to 29th February 2024. The details of Notice No. 40 of 2001 (2023- 2024) were made available on the respondents' website for the construction of a cement concrete road from Lekha Nagar to Chhatrapati Shivaji Chowk in P. No. 24, New Nashik Division.
3. The estimated cost of the work was Rs. 5,47,68,859/- with a completion period of 18 calendar months, including monsoons. As per the tender conditions, the date for opening the tender was fixed for 1st March 2024 at 3:00 p.m. Clause 12 of the tender outlined the necessary work experience qualifications as foll
Judicial review in tender matters is limited; courts should not interfere unless there is clear evidence of arbitrariness or mala fide conduct.
The authority to cancel a tender prevails under administrative discretion, based on the rationale of maintaining integrity, fairness, and transparency in public procurement processes.
Judicial review of tender processes is limited; courts should respect the authority's discretion unless there is clear evidence of arbitrariness or irrationality.
The court upheld the authority's discretion in setting eligibility criteria for tenders, emphasizing that judicial review is limited to cases of arbitrariness or unreasonableness.
Public authorities must ensure fairness and non-arbitrariness in tender processes, adhering to established eligibility criteria.
The court emphasized the need for restraint and deference to the tendering authority's interpretation of tender documents, especially in technical matters, and highlighted the importance of public in....
The court upheld the authority's discretion in evaluating tender bids, emphasizing the need for compliance with mandatory conditions and the absence of arbitrariness in disqualification decisions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
