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NELSON SAILO, ROBIN PHUKAN
HI-TECH Construction And Co. – Appellant
Versus
Chief Secretary, Government Of Nagaland – Respondent
JUDGMENT :
[Nelson Sailo, J.]
1. Heard Mr. A Zhimomi, learned counsel for the appellant, Mr. T.B Jamir, learned Senior Addl. Advocate General, Nagaland for the State respondent Nos. 1 to 3 and Mr. I Iralu, learned Senior counsel assisted by Mr. L Iralu, learned counsel for the respondent No. 5. None appears for respondent No. 4 despite service.
2. This writ appeal is directed against the Judgment & Order dated 16.03.2022 passed by the learned Single Judge in WP(C) No. 52/2020, WP(C) 93(K)/2021 & WP(C) No. 94(K)/2021 whereby, WP(C) No. 52/2020 was dismissed and as for the remaining two writ petitions, it was held that nothing survived for consideration in view of the dismissal of WP(C) No. 52/2020. The case has a checkered history and the facts of the case may be narrated as below.
3. On 13.09.2019, the Nagaland Public Works Department (NPWD) floated a Notice Inviting Tender (NIT) for five projects including Tenning to Lekie project, which is the work in question. The appellant No. 1 as Joint Venture participated in the tender process and its financial bid was found to be 0.007% below Bill of Quantity (BOQ) rate. Having quoted the lowest but not having been issued the Letter of Accep
Point of Law : when a bidder who has not been issued the final acceptance of the bid by the competent authority being the highest bidder acquires no vested right ,but the bidder has right to equality....
An unsuccessful bidder lacks standing to challenge the issuance of a Letter of Intent when disqualified for failing to meet mandatory requirements.
An unsuccessful bidder cannot challenge the award of a tender if disqualified in the technical evaluation, as they lack standing to do so.
Point of Law : There is no compulsion for the authority concerned to seek for clarification before coming to a finding that the tender of a particular tenderer is not responsive
The court emphasized the need for judicial restraint in interfering with tender processes, especially in matters involving technical issues, and highlighted the limitations of the court's expertise i....
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