Back
DEVASHIS BARUAH
Shyam Choudhury, S/o. Dhirsing Choudhury – Appellant
Versus
State Of Assam, Represented by the Principal Secretary, to the Govt. Of Assam – Respondent
| Table of Content |
|---|
| 1. court hears multiple writ petitions. (Para 1 , 2) |
| 2. loan sanctioned for irrigation projects. (Para 3 , 4 , 5 , 6 , 7) |
| 3. tender documents and eligibility criteria detailed. (Para 8 , 9 , 10 , 11 , 12) |
| 4. tender processes and organizational changes discussed. (Para 18 , 19 , 20 , 21) |
| 5. challenged tender award and its cancellation process. (Para 22 , 23 , 24) |
| 6. petitioner's claims and court's stance on right to challenge. (Para 30 , 32 , 37 , 38) |
| 7. court's analysis of enforceable rights in the tender context. (Para 40 , 41 , 42) |
| 8. conclusion on cancellation, fresh tender, and final orders. (Para 45 , 46 , 49) |
JUDGMENT :
1. Heard Mr. F. Khan, the learned counsel for the petitioner in WP(C) No. 2164/2022 and WP(C) No. 2693/2022 as well as Mr. P. K. Bhattacharjee, the petitioner-in-person in WP(C) No.2448/2022. Also heard Mr. P. Nayak, the learned Standing Counsel, Irrigation Department, Assam and Mr. P. Mahanta, the learned counsel appearing on behalf of the respondent Nos. 5 to 8 in WP(C) No.2164/2022.
2. All the three writ petitions relate to the same tender proceedings and as such this Court proposes to dispose of the three writ petitions by this common judgment.
3. T
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....
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.
Court exercising powers under Article 226 of Constitution of India has jurisdiction to examine decision making process without even going into merits of such decision.
The cancellation of a tender process before technical evaluation does not confer vested rights to bidders, and adherence to procurement laws is mandatory in future processes.
The annulment of a tender by the NHAI was justified due to the petitioner's failure to comply with procedural requirements, affirming the authority's discretion in public procurement.
A public authority's decision to cancel a tender must be reasoned and not arbitrary; failure to provide justifications exposes such decisions to judicial scrutiny.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
