JUDGMENT

I.P. Mukerji, J. - This appeal arises out of a tender. The facts are unique. This case gives occasion to us to formulate some new principles of law.

2. First, some statements of the applicable law need to be noticed. One who is entrusted with considering bids or offers in response to an invitation to tender made by the government or a body akin to it, is obliged to strictly follow the tender rules and instructions. He cannot discard any such norm as 'a pedantic approach or else it would encourage and provide scope for discrimination, arbitrariness and favouritism which are totally opposed to the rule of law and our constitutional values'. Otherwise, 'the rule of law should be a casualty'......... 'relaxation or waiver.....in favour of one bidder would create justifiable doubts in the minds of other bidders, would impair the rule of transparency and fairness' and promote 'manipulation and 'picking and choosing a bidder for awarding contracts....'. This was stated by Justice Quadri delivering the judgment in W.B. State Electricity Board vs. Patel Engineering Co. Ltd. and Ors. reported in (2001) 2 SCC 451.

3. In B.S.N. Joshi & Sons Ltd. vs. Nair Coal Services Ltd. and Ors. repor