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SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
B G Sleeper Works – Appellant
Versus
Union of India – Respondent
JUDGMENT
Satish Chandra Sharma, C.J.
1. The instant Writ Petition has been filed under Article 226 of the Constitution of India seeking issuance of a writ in the nature of Mandamus and Certiorari, directing the Respondents to provide true copies of all the documents forming the basis on which the Petitioner was eliminated/ disqualified from participating in the reverse auction in tender bearing notice No. TS225033 floated by the Respondents; to quash and set aside the decision of the Respondents disqualifying the Petitioner from participating in the reverse auction in the said tender and, direct the Respondents to conduct the reverse auction afresh. It has also been prayed that this Court issue a Writ of Mandamus directing the Respondents not to issue a purchase order under tender notice No.TS225033.
2. The Petitioner herein has stated itself to be a partnership firm which is categorised as a Small Enterprise under the Micro, Small and Medium Enterprises Development Act, 2006 ("MSME Act, 2006"). It has been further stated that it is a duly approved vendor of the Research Designs and Standards Organization ("RDSO") for manufacturing and supply of Presetressed Monoblock Concrete Sl
The decision making process in tendering should be based on the materials placed before the tendering authorities, and bidders have the right to equality and fair treatment in the evaluation process.
Remitted the matter back to the High Court for deciding the matter on merits even when the subject tender had already been finalized and the purchase order had been issued to the successful.
Compliance with specific pre-qualification criteria and terms and conditions of a tender notice is crucial for the acceptance of a bid.
Bidders must ensure timely registration renewal to avoid disqualification; compliance with tender requirements is essential for fairness and integrity in the tendering process.
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