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NANI TAGIA
Asean Agency PO/PS – Appellant
Versus
State of AP – Respondent
JUDGMENT :
Heard Mr. N. Ratan, learned counsel for the petitioner. Also heard Mr. S. Tapin, learned Senior Government Advocate representing respondent Nos. 1 to 6 and Mr. N. Pada, learned counsel appearing for respondent No. 8.
2. This writ petition is directed against the letter, dated 28.08.2020 written to the Chief Engineer(CZ-B), Arunachal Pradesh, Pasighat by the Under Secretary, PWD, Government of Arunachal Pradesh, Itanagar, vide No. SPWD/PE-06/NESIDS/CZ-B/2019-2020(Pt)/188 whereby, it has been conveyed that the tender documents of the petitioner for the work “C/o Road from Rumgong ADC Hq to connect Kaying EAC Hq (64.00 km) (Phase-I) (Molom to Bogne Village 23.00 km) in Siang District of Arunachal Pradesh”, which was recommended for approval has not been approved by the government and directed the Chief Engineer(CZ-B), PWD, Arunachal Pradesh, Pasighat to call for a fresh tender. Also prayed for is a writ in the nature of mandamus directing the respondent authorities to award the work to the petitioner as per the recommendation, dated 17.02.2020, made by the Chief Engineer (CZ-B), PWD, Arunachal Pradesh, Pasighat.
3. The facts leading to filing of the present writ petition, brie
The requirement of providing residency proof via EPIC in tender bids is valid, and non-compliance justifies bid rejection.
An unsuccessful bidder lacks standing to challenge the issuance of a Letter of Intent when disqualified for failing to meet mandatory requirements.
Judicial review in tender matters limited to arbitrariness or mala fides; courts defer to authority's bid compliance assessment, refusing substitution unless perverse.
An unsuccessful bidder cannot challenge the award of a tender if disqualified in the technical evaluation, as they lack standing to do so.
In tender matters, judicial review is limited; courts defer to tender authority's bid responsiveness assessment unless arbitrary, mala fide or perverse, prioritizing public interest in infrastructure....
The court upheld the award of a contract based on public interest considerations, affirming that deviations from tender procedures do not necessarily invalidate the process if no responsive competito....
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