Back
MICHAEL ZOTHANKHUMA
SIMANTA GOGOI S/O BHADRESWAR GOGOI – Appellant
Versus
STATE OF ASSAM – Respondent
JUDGMENT :
MICHAEL ZOTHANKHUMA, J.
1. Heard Mrs. M.D. Borah, learned counsel for the petitioner, who submits that the disqualification of the petitioner’s technical bid by the Technical Bid Evaluation Committee should be set aside, as there is no infirmity in the technical bid submitted by the petitioner.
2. The petitioner’s case in brief is that the State respondents had issued a Notice Inviting Bid dated 20.12.2023, for grant of IMFL Retail Off Licence for various places in Lakhimpur district, including Shop No. LKP 13 at C.D Road, Lakhimpur. As there were no participants for the said tender notice, the same was cancelled and a subsequent Notice Inviting E-Bid dated 23.02.2024 (NIT in short) was issued by the respondents. However, the petitioner’s technical bid was disqualified on two grounds, i.e., (1) The site plan was not countersigned by the Assistant Executive Engineer, PWD (B) and (2) Point 22.3 of the NIT had been violated.
3. The petitioner’s counsel submits that in terms of the Notice Inviting E-Bid (NIT) dated 23.02.2024 (Page 56 of the writ petition), the details were to be submitted by referring to “the previous bid document” and as per the revised timeline given in the c
Judicial review in tender matters is limited to ensuring fairness and non-arbitrariness; minor technical defects in bids do not justify interference unless proven arbitrary or mala fide.
Judicial review in tender matters limited to arbitrariness or mala fides; courts defer to authority's bid compliance assessment, refusing substitution unless perverse.
Judicial review of tender decisions is limited; compliance with stipulated conditions is mandatory, and non-compliance justifies rejection.
The court affirmed that the interpretation of tender conditions by the authority is paramount, and minor technical deficiencies do not justify judicial intervention.
Important Point – Government Contract – Tender – Public authorities have to ensure that no bias, favouritism or arbitrariness are shown during bidding process and that entire bidding process is carri....
The court emphasized the limited scope of judicial review in tender matters, the importance of punctilious and rigid enforcement of tender terms, and the uniform application of tender requirements to....
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....
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
