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MITALI THAKURIA
NK Enterprise – Appellant
Versus
State of AP represented by the Secretary, Rural Development, Govt of Arunachal Pradesh, Itanagar – Respondent
JUDGMENT :
Mitali Thakuria, J.
Heard Mr. D. Kamduk, learned counsel assisted by Mr. L. Tadam, learned counsel for the petitioners. Also heard Mr. B. Picha, learned counsel for the respondent Nos. 1 to 5 and Mr. L. Perme, learned counsel for the private respondent No.6.
2. This application is filed under Article 226 of the Constitution of India seeking the issuance of a writ in the nature of Certiorari or Mandamus, or any other appropriate writ, order, or direction, against the Notice Inviting Tender (NIT) No. DRDA/KKD/MGNREGA/NIT-02/2021-22 dated 15.11.2023, issued by the Joint Director (RE), Department of Rural Development, Itanagar, Government of Arunachal Pradesh. The aforesaid tender (NIT) pertains to the supply and procurement of materials for MGNREGA works-2023-24 for the CD-Block of Damin under Kurung Kumey District. This application challenges the legality and validity of the impugned Board proceeding minutes dated 11.12.2023, issued by the Tender Opening Committee, which recommended respondent No. 6 as the Lowest Bidder (L1); the impugned Letter of Acceptance dated 10.01.2024, issued by the Project Director, DRDA, to respondent No. 6; the validity of the agreement dated 11.01
Judicial intervention in tender processes is limited to cases of clear procedural violations or arbitrariness, emphasizing the importance of transparency and adherence to established norms.
An unsuccessful bidder cannot challenge the award of a tender if disqualified in the technical evaluation, as they lack standing to do so.
An unsuccessful bidder lacks standing to challenge the issuance of a Letter of Intent when disqualified for failing to meet mandatory requirements.
The court emphasized that the award of contracts should be in public interest and not interfered with unless there is evidence of malafide or irrationality.
The importance of full and fair disclosure of all material facts when invoking the court's jurisdiction, and the consequences of suppressing material facts in a writ petition.
The court emphasized the need for fairness and transparency in the tender process and held that the principles of judicial review apply to prevent arbitrariness or favoritism in the exercise of contr....
The court upheld the award of a contract based on public interest considerations, affirming that deviations from tender procedures do not necessarily invalidate the process if no responsive competito....
The court mandated adherence to tender conditions, emphasizing that procedural violations invalidate selections made via non-compliance with established rules.
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