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P. B. BAJANTHRI, ARUN KUMAR JHA
BVG India Ltd. – Appellant
Versus
State of Bihar – Respondent
P. B. Bajanthri, J. –
CWJC No. 16899 of 2022
In the instant writ petition, petitioners have prayed for the following relief/reliefs: –
“a. For quashing and setting aside the minutes of meeting of the Technical Committee (Respondent No. 3) dated 22.11.2022 (“impugned order”) issued on 28.11.2022 as contained in Annexure P/1, by which the Petitioners have been held to be disqualified in technical bid in the most arbitrary manner, contrary to principles of natural justice, illegally as well as having without jurisdiction.
b. For directing the State Health Society, Bihar (Respondent No. 2) to declare the petitioners as technically qualified and consequently open their financial bid in relation to the Notice Inviting Tender (NIT) bearing reference no. 01/SHSB/PPP(AMBULANCE)/2022-23.
c. For issuing appropriate orders restraining the respondent authorities from opening financial bid and handing over the work order (in relation to the tender in furtherance of Notice Inviting Tender (NIT) Reference no., 01/SHSB/PPP(Ambulance)/2022-23 to any of the bidders until the pendency of the present
Rule 23(16)(iv) of Assam Public Procurement Act, 2020 is reproduced Bidders securing specified minimum percent of marks or having fulfilled specific minimum achievement norms as fixed may be consider....
The main legal point established in the judgment is that the disqualification of a bidder must be justified, and an unsuccessful bidder cannot challenge the qualification of other bidders.
The decision-making process of the tendering authority should be respected unless there is mala fide or perversity, and the court should only interfere in tender matters in furtherance of public inte....
Transparency and adherence to eligibility criteria in public procurement are crucial to ensure fairness and integrity, as showcased in the invalidation of selections based on procedural irregularitie....
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