Back
VIJAY BISHNOI, KAUSHIK GOSWAMI
Jyotish Das, S/o. Sri Satish Das – Appellant
Versus
State Of Assam, Represented By The Commissioner And Secretary To The Govt. Of Assam, Department Of Housing And Urban Affairs – Respondent
JUDGMENT :
(Vijay Bishnoi, CJ.)
The instant writ appeal is preferred by the appellant being aggrieved with the judgment and order dated 19.12.2024 passed by the learned Single Judge in WP(C) No.6372/2024, whereby the writ petition filed by the appellant/writ petitioner was dismissed.
2. The brief facts of the case are that the appellant is a contractor registered in Class-I(A) category under Public Works Department, Government of Assam.
In response to a Short Notice Inviting E-Tender issued by the Chief Engineer (Technical), Department of Housing and Urban Affairs, Guwahati, in relation to construction of 2 Nos. of RCC Drain at Sorbhog Municipal Board, the appellant submitted his bid along with the respondent No.3 herein as well as in the writ petition.
The Financial Bids submitted by the appellant as well as the respondent No.3 were declared responsive by the Department, and the respondent No.3 was declared as L-1 bidder whereas the appellant was declared as L-2 bidder.
3. Being aggrieved with the same, the appellant approached the Writ Court with the contention that as per Clause 29(IV) of the NIT, any Financial Bid which is beyond 10% below the estimated cost of work is not required
Rounding off of financial bids in tender processes is permissible and does not invalidate the tender, even if one bid is marginally below the threshold set by guidelines.
The court upheld the rounding off of bid prices to the nearest rupee, confirming compliance with tender clauses and rejecting hyper-technical challenges.
The failure to quote a bid price in the prescribed format renders a financial bid non-responsive, as per the terms of the tender document.
Tender evaluation must adhere strictly to the established criteria, and rejection based on erroneous interpretations undermines fairness and legality in public procurement processes.
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 ruled that bids below the justified rate are non-responsive, emphasizing judicial respect for expert evaluations in tendering processes.
The faulty application of the value of 'N' in the calculation of available bid capacity led to the illegal and arbitrary rejection of the petitioner's bid.
Tender cancellations must comply with established guidelines to prevent arbitrary actions violating fair procurement principles.
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
