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SABYASACHI BHATTACHARYYA
Shiba Prosad Banerjee – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Sabyasachi Bhattacharyya, J. - The petitioner challenges the rejection of his bid and the acceptance of respondent no.10 as the successful bidder in a tender floated by the respondent-authorities on May 27, 2019 for supply of cooked diet for indoor patients admitted to health facilities. The Revised Bid Summary Report (Annexure P-1 at page 81 of the writ petition) indicates that the petitioner's bid was rejected for non-submission of Performance Certificate in prescribed format as per Clause 3 of the Notice Inviting Tender (NIT). Learned counsel for the petitioner submits that the petitioner duly submitted Performance Statement in terms of the proforma given in Clause 3 of the NIT. By placing such Performance Statement dated June 7, 2019 (annexed at page 86 of the writ petition), learned counsel contends that all particulars, as required by the NIT, were furnished by the petitioner. Despite having done so, the tendering authorities rejected the petitioner's bid for nonsubmission of Performance Statement in prescribed format.
2. Learned counsel for the petitioner further submits that the bid of the private respondent was accepted unlawfully, although the same was in contrave
Tendering authorities have discretion to reject bids for non-compliance with NIT clauses, and timely legal action is crucial.
Tender evaluation requires strict adherence to essential qualification criteria, and failure to comply justifies rejection of bids without infringing rights under Article 14.
The discretion of the tender issuing authority in accepting bids and the requirement for 'material deviations' from critical provisions under NIT clauses.
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.
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.
The court emphasized that the purpose of scrutinizing a tender document should not be to unreasonably disqualify an otherwise qualified bidder, as it would curtail competition and not be in the publi....
Judicial review of tender decisions is limited; rejection is valid if submission criteria outlined in the NIT are not met, such as the requirement for a complete Integrity Pact.
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