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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ALOK ARADHE, SANDEEP V.MARNE
National Security Services (through its Manager) Deepak Mahavir Limbikai – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
Sandeep V. Marne, J.
1. Petitioner has invoked jurisdiction of this Court under Article 226 of the Constitution of India challenging decisions dated 17 February 2025 and 22 April 2025 rejecting its bid as being technically ineligible. Petitioner also seeks direction for disqualification of Respondent Nos.3 to 6 and for consideration of its bid in the impugned Tender process.
2. Briefly stated facts of the case are that:-
Pimpri Chinchwad Municipal Corporation published E-Tender Notice No.2/2024-2025 dated 23 September 2024 inviting bids for provision of 1194 helpers to the security guard on contract basis in respect of various municipal properties. The Tender Notice stipulated the prescribed eligibility criteria for the bidders. Petitioner claims to have been providing security manpower and other personnel to the Respondent-Municipal Corporation since the year 2016. It believes that it fulfills the prescribed eligibility criteria in the Tender Notice. Accordingly, Petitioner submitted its bid in pursuance of the Tender Notice. Total 6 bids were received by the Respondent-Municipal Corporation including that of Petitioner and Respondent Nos.3 to 6. The technical bids were ope
Technical eligibility for tender bids can be established by aggregating experience from multiple work orders in the same financial year, as permitted by the tender document.
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.
Tendering authority's strict criteria for document submission and interpretation must be adhered to, as non-compliance warrants disqualification, thus upholding the tendering process's integrity.
Fairness cannot be a one-way street. The fairness required of the Financial Corporations cannot be carried to the extent of disabling them from recovering what is due to them. While not insisting upo....
Tender - Tender conditions are required to be read as provided in the tender document and if there are two views or construction possible than the view of the authority interpreting the tender docume....
The person claiming justice and equity must come with clean hands.
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