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DEVENDRA KUMAR UPADHYAYA, AMIT BORKAR
R and B Infra Project Limited – Appellant
Versus
Mira Bhaindar Municipal Corporation – Respondent
JUDGMENT :
AMIT BORKAR, J.
1. Under challenge in this petition filed under Article 226 of the Constitution of India is the decision pertaining to tender Zone No. 2, dated 12 December 2022, declaring respondent No. 4 eligible to participate in the tender process and allotment of work of daily sweeping and cleaning of roads, footpaths, public places, sweeping in commercial areas/market/ roads at night and cleaning of gutters (drainage) for period of five years.
2. On 6 October 2022, Respondent No. 1 issued Notice No. MBMC/Health/307/2022-23 inviting online tenders from experienced contractors via E-Tendering for the daily sweeping and cleaning of roads, footpaths, and for the collection and transportation of solid waste for a period of five years in Zone No. 2. The estimated cost of the tender was Rs.91,92,51,405/- and bidders were required to deposit earnest money in the amount of Rs.1,37,88,771/-.
3. Clause 8 of the tender document formed the basis for the bid evaluation process. Clause 8.6 stipulated that the financial bid of a contractor who does not qualify technically would not be opened. Clause 21 specified that only contractors who met the eligibility criteria outlined in the ten
Judicial review in tender matters is limited to legality and fairness; minor procedural lapses do not justify interference if public interest is served.
The person claiming justice and equity must come with clean hands.
The court upheld the tendering authority's discretion in setting eligibility criteria, emphasizing limited judicial review focused on procedural fairness rather than the merits of the decision.
Judicial review in tender matters is limited to assessing procedural fairness, not the merits of the tender conditions, which are determined by the tendering authority.
Public authorities must ensure fairness and non-arbitrariness in tender processes, adhering to established eligibility criteria.
Judicial review of tendering decisions is limited to assessing legality, with courts refraining from substituting the tender authority's decisions unless in cases of illegality or manifest arbitrarin....
Judicial review of tender conditions is limited to preventing arbitrariness; authorities have discretion in setting conditions based on project requirements.
The court emphasized that strict compliance with tender conditions is essential and that arbitrary qualification despite disqualifications undermines the fairness required in the contracting process.
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