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MICHAEL ZOTHANKHUMA
JARPAL - JPW - DMC – Appellant
Versus
Union of India – Respondent
JUDGMENT :
MICHAEL ZOTHANKHUMA, J.
1. Heard Mr. D. Saikia, learned Senior Counsel assisted by Mr. S. Deka, learned counsel for the petitioner. Also heard Mr. I. Choudhury, learned Senior Counsel assisted by Mr. T. Das, learned counsel for the respondent nos. 3 & 4, Mr. M.Z. Ahmed, learned Senior Counsel assisted by Mr. A.M. Dutta, learned counsel for the respondent no. 5, Mr. K.N. Choudhury, learned Senior Counsel assisted by Mr. N. Gautam, learned counsel for the respondent no. 6. Mr. D.J. Das, learned counsel appears for the respondent nos. 1 & 2.
2. The petitioner’s grievance in this writ petition is against the rejection of his technical bid on the ground that the Local Content (Make in India) Certificate dated 17.08.2024, submitted by the petitioner as a clarification sought by the State respondents vide Request No. 1 on 16.08.2024, was disqualified on the ground that the clarification dated 17.08.2024 was not in consonance with Clause 19.2(II)(B) of the Additional Terms & Conditions (Instruction to Bidder). As per Clause 19.2(II)(B) of the Additional Terms and Conditions in the Bid Document (hereinafter referred to as the ‘ATC’), whenever a clarification is required to be made i
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....
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.
Judicial review in tender matters is limited; disqualification must be based on clear, justifiable criteria, and actions must not display arbitrariness or bias.
Bidders must comply strictly with tender requirements; misleading information and poor performance can result in disqualification. Judicial review in tender cases should maintain restraint, supportin....
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....
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....
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....
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