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SANJAY KUMAR MEDHI
Royal Bnillp (JV), Represented By Its Authorized Representative Babul Nath, S/o. Late Manoranjan Nath – Appellant
Versus
Union Of India, Represented By The General Manager/Coon, N. F. Railway – Respondent
JUDGMENT :
1. The extraordinary powers conferred by Article 226 of the Constitution of India is being sought to be invoked by means of filing this writ petition. The petitioners have put to challenge the action of the respondents-Railways in rejecting the Techno-Commercial bid of the petitioner no. 1 in connection with a Tender process initiated vide NIT dated 13.10.2022. The petitioners alleged that such rejection has been done in a most mechanical manner and without any application of mind which has caused immense legal prejudice to the petitioners. The petitioners further state that in a similar Tender, the petitioner no. 1, who had submitted the bid, was declared to be technically responsive. The petitioners have, accordingly prayed for interference by this court with the impugned action of the respondent authorities.
2. Before going to the issue which would require an adjudication, the facts of the case may be put in brief as follows.
3. The petitioner no. 1 is a Joint Venture of M/S Royal Infraconstru Ltd. and M/S BN Infraprojects LLP. The Joint Venture as well as the constituents of the same and the partners of the LLP are all arrayed as petitioners. It is the case of the peti
Joint Venture Agreements must establish joint and several liabilities; non-compliance results in bid rejection.
The court affirmed that technical disqualification in public tendering must not be hyper-technical if it does not affect the bidder's capacity to perform, emphasizing the importance of fair competiti....
The court emphasized strict compliance with tender conditions, ruling that the Local Content Certificate must be submitted in the name of the Joint Venture, and deviations from prescribed formats are....
Point of law: Court must exercise its discretionary power under Article 226 with great caution and should exercise it only in furtherance of public interest and not merely on the making out of a lega....
The court upheld the validity of tender disqualification based on non-compliance with specified documentation requirements, affirming the decision-making integrity of the evaluation committee.
The court ruled that tender eligibility criteria must explicitly state disqualifications, allowing joint venture experience to be considered for bidder qualifications, ensuring clarity and fairness i....
The rejection of the tender form of the petitioner on the ground that it is not submitted by the authorized person is a curable defect and if only amended clause 17.4 is made applicable, the said def....
Judicial review in tender matters is limited; disqualification must be based on clear, justifiable criteria, and actions must not display arbitrariness or bias.
Disqualification due to blacklisting applies to partnerships where designated partners impact eligibility, underscoring the authority's interpretation of tender conditions in public interest.
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