Back
IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
N. Unni Krishnan Nair
Chandra Prasad Bora, S/O Dimbeswar Bora – Appellant
Versus
Indian Oil Corporation Limited – Respondent
JUDGMENT :
N. Unni Krishnan Nair, J.
Heard Mr. S. Borthakur, learned counsel for the petitioner. Also heard Mr. M. K. Choudhury, learned Senior Counsel assisted by Mr. M. M. Kashyap, learned counsel appearing for the respondent nos. 1 to 3 and also Mr. A. Tiwari, learned counsel appearing for the respondent no. 4 to 6.
2. The petitioner, by way of instituting the present proceeding, has presented a challenge to the select list prepared by the respondent nos. 1 to 3 of bidders under the MSE (General) category for allotment of the work in question. The petitioner has also assailed the Letter of Acceptance (LoA) issued in favour of the successful bidders for the work in question. The petitioner also prays for a direction upon the respondent nos. 1 to 3 for proportionate distribution of the work in question amongst the qualifying MSE bidders, including him.
3. The brief facts requisite for adjudication of the issue, arising in the present proceeding is noticed as under: -
The Indian Oil Corporation Limited (In short the IOCL) i.e. the respondent nos. 1, 2 & 3 had issued a Notice Inviting Tender (NIT) bearing no. RCC/ERO/37/2022-23/PT-45, inviting application from intending bidders for road
The court upheld the tender conditions allowing non-proportional allotment of work to MSMEs ranked as L1 without entitlement to proportionate distribution among qualified bidders.
The court emphasized the importance of adhering to tender conditions and equitable distribution under the MSE Policy, allowing for judicial intervention only in cases of illegality.
The maximum benefit that can be reaped by an MSE under the Public Procurement Policy for MSMEs is up to 25% of the total tendered value, and the tender issuing authority cannot deviate from this stip....
The court upheld that 100% reservation for MSEs in public procurement is valid under the MSE Policy, rejecting claims of arbitrariness towards tender selection processes.
Reservation provisions for SC/ST in contracts are constitutionally valid and do not violate fundamental rights, reflecting affirmative action aimed at socio-economic upliftment under Article 46.
The court emphasized the discretion of the authorities in procurement decisions and the interplay between the specific terms of the tender document and the government policy, ultimately upholding the....
: Tenderer has no right to bank upon tender when life of tender was over.
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
