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IN THE HIGH COURT OF GAUHATI (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KARDAK ETE
Md Rafiqul Islam S/o Nazim Uddin – Appellant
Versus
State Of Assam – Respondent
JUDEMGNT :
KARDAK ETE , J.
Heard Mr. A.R. Bhuyan, learned counsel for the petitioner. Also heard Mr. D. Nath, learned Senior Govt. Advocate for all the respondents.
2. By filing this writ petition, the writ petitioner has put to challenge the tender summary report dated 07.01.2025, by which, the technical bid of the petitioner has been rejected on having found to be non-responsive, pertaining to the Notice Inviting e-Tender (herein after referred to as NIeT in short) dated 25.11.2024 issued by the Inspector General of Prisons, Assam inviting bids for supply of Dietary items i.e. Group A,B,C and D, required for the jails of the State of Assam covered under Zone-4.
3. Having considered the issue raised in the present proceedings, although one Tharad Trading Company represented by its Proprietor- Shri Amit Kumar Tharad, Barpeta Road, District Barpeta, Assam, is arrayed as respondent No.3 and no notice has been issued to him, the present petition is being taken up for final disposal as the matter relates to supply of dietary items for the jails of the State of Assam, as no prejudice would cause to the respondent No. 3.
4. Briefly put, the case of the petitioner is that he is the
Tender evaluation requires strict adherence to essential qualification criteria, and failure to comply justifies rejection of bids without infringing rights under Article 14.
Court ruled the rejection of a technical bid for using an authorized dealer's DSC was arbitrary as eligibility conditions were met, emphasizing fair competition in tender processes.
The court emphasized the importance of adhering to essential tender conditions and minimal judicial interference in matters of government contracts, upholding the Tender Committee's decision to rejec....
The court upheld the tendering authority's discretion in setting eligibility criteria, emphasizing limited judicial review focused on procedural fairness rather than the merits of the decision.
Judicial review in tender matters is limited to assessing procedural fairness, not the merits of the tender conditions, which are determined by the tendering authority.
The main legal point established in the judgment is that the disqualification of a bidder must be justified, and an unsuccessful bidder cannot challenge the qualification of other bidders.
Contract Work of providing cleaning and sanitation services was awarded to it. By putting in such a condition, the petitioner had sought to alter/modify the condition set forth in the invitation made....
Tendering authorities have discretion to reject bids for non-compliance with NIT clauses, and timely legal action is crucial.
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