Back
MOUSHUMI BHATTACHARYA
Rupa Enterprises – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
MOUSHUMI BHATTACHARYA, J.
1. The petitioner seeks a direction on the answering respondents being the Director and Superintendent, ESI Hospital, Serampore, Hooghly to allow the technical bid of the petitioner and permit the petitioner to participate in the financial bid. The concerned E-Tender was floated on 18.8.2022 by ESI Hospital, Serampore for supply of cooked diet to the indoor patients of the said hospital. The petitioner’s grievance is that the petitioner’s technical bid was rejected for non-submission of documents required under the E-Tender terms whereas others in a similar situation have been selected.
2. According to learned counsel appearing for the petitioner, the impugned rejection, which would appear from an attached document giving a tabulated statement of the results of the technical bid, is that the petitioner was rejected despite the petitioner furnishing documents in both categories namely copies of Professional Tax Payment Certificates, Challans for last 3 years and Trade license/certificates of enlistment for trade in the field.
3. The learned AAAG appearing for the State and ESI Hospital submits that the Terms and Conditions of the E-Tender would make
Compliance with tender conditions and eligibility criteria is crucial in technical bid disqualification cases, and the scope of judicial review in such matters is limited.
Failure to upload mandatory documents like experience and GST certificates justifies rejection of technical tender bid.
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 central legal point established in the judgment is that the rejection of a bid must be lawful and in accordance with the terms of the tender notice. The court emphasized the importance of meeting....
Adherence to the prescribed format and requirements outlined in the bidding documents is crucial, and failure to comply with mandatory requirements can lead to the valid rejection of a technical bid.
The rejection of a technical bid based on incorrect addressing was deemed arbitrary and unreasonable, as the tender documents had not been amended to reflect such a requirement.
A contractor's bid can be rejected if their registration is invalid at the time of submission, as compliance with legal and procedural requirements in tender evaluation is mandatory.
Eligibility for tender submissions hinges on strict compliance with stipulated licensing requirements. Failure to meet these conditions justifies rejection of bids.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
