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NELSON SAILO
Capital Enterprises – Appellant
Versus
State of Arunachal Pradesh – Respondent
JUDGMENT :
NELSON SAILO, J.
1. Heard Mr. N. Pada, learned counsel for the petitioner in WP (C) No. 376(AP)/2023, Mr. K. Potom, learned counsel for the petitioner in WP (C) No. 403(AP)/2023, Mr. S. Tapin, learned Senior Govt. Advocate for all the official respondents in both the writ petitions and Mr. R.B. Phukan, the learned counsel for the respondent No. 4 in WP (C) No. 376(AP)/2023. Since the issues involved in both the writ petitions are one and the same, they are being disposed of by this common order.
2. The facts of the case in brief is that a Notice inviting e-tender was floated by the Executive Engineer, Arunachal Pradesh Public Works Department, Pasighat on 22.06.2023 for upgradation of Bakin Pertin General Hospital, Pasighat to 300 bedded hospital in East Siang District, Arunachal Pradesh for an estimated cost of Rs. 99.03 Crores. As per the milestone date of the e-tender, the date of publication in the website was 24.06.2023 at 1030 hrs and the period of downloading of bidding documents was from 24.06.2023 (1200 hrs) to 10.07.2023 (1400 hrs). The commencement of online bid submission was from 27.06.2023 (1100 hrs) and the last date of submission of online bid was 10.07.2023
Point of Law : When some defect is found in the decision-making process, court must exercise its discretionary powers under Article 226 with great caution and should exercise it only in furtherance o....
The court emphasized that the process adopted by the authorities should not be intended to favor someone, and there should be no mala fide or public interest affected for the impugned tender to be qu....
The requirement of providing residency proof via EPIC in tender bids is valid, and non-compliance justifies bid rejection.
The petitioner's lack of locus standi due to not fulfilling the technical qualification criteria and gross delay in approaching the court led to the dismissal of the writ petition.
The state has the right to cancel a tender and issue a new one in the interest of public welfare, and bidders do not acquire vested rights until a formal contract is awarded.
Tender authorities must adhere to statutory criteria and act transparently; courts will not interfere unless clear evidence of arbitrariness or malafide conduct is presented.
Strict adherence to contractual terms and conditions is crucial in tender processes, and non-compliance can lead to rejection of the bid.
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