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IN THE HIGH COURT OF JUDICATURE AT PATNA
P.B.BAJANTHRI, CJ., ALOK KUMAR SINHA
Basant Kumar Son of Sri Ram Chandra Prasad – Appellant
Versus
State of Bihar through Additional Chief Secretary, Rural Works Department, Government of Bihar, Patna – Respondent
| Table of Content |
|---|
| 1. court analyses procedural fairness and administrative discretion. (Para 1 , 9) |
| 2. in essence, the petitioner seeks to challenge the technical bid evaluation committee's decisions. (Para 2 , 3 , 5 , 7) |
| 3. the necessity for the tendering authority's discretion in public interest is established. (Para 4 , 6 , 8 , 15) |
| 4. petitioner argues the decisions are arbitrary and against tender law principles. (Para 10 , 11 , 12 , 13 , 14) |
| 5. writ petition deemed without merit; dismissal order issued. (Para 16 , 17) |
JUDGMENT :
1. Heard the parties.
“(i) Quashing of the decision of the Technical Evaluation Committee as contained in Memo No. 2469 dated 30.06.2025 (Annexure P/6) (uploaded on 01.07.2025) by which mechanically differing with the report of the jurisdictional Executive Engineer with regard to the insufficient bid capacity of the Respondent No. 6 and without assigning any reason the technical bid of the Respondent No. 6 was declared to be responsive.
(iii) Quashing of the decision of the Technical Bid Evaluation Committee bearing Memo No. 2611 dated 14.07.2025 (Annexure P/9) by which after financial bid evaluation, the Respondents have re-evaluated the technical bid of the Lo
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 in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
The court highlighted the importance of adhering to the Standard Bidding Document (SBD) and Notice Inviting Tender (NIT) requirements, including the provision of accurate information, and emphasized ....
The procuring entity has the discretion to cancel tenders and re-invite bids without prior communication of reasons; judicial review is limited to assessing arbitrariness or statutory violations in p....
The cancellation of a tender by an authority after the bidding process is complete is arbitrary unless supported by clear, substantiated justifications, reaffirming the need for transparency and fair....
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