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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Dulu Mani Rajkhowa S/o - Late Chandra Rajkhowa – Appellant
Versus
Assam Plain Tribes Development Corporation Ltd – Respondent
| Table of Content |
|---|
| 1. challenging rejection of technical bids (Para 2 , 11 , 12 , 17) |
| 2. court observations on tender requirements (Para 3 , 15 , 16) |
| 3. details of tender process and requisites (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 14 , 20 , 30) |
| 4. principles on rejection of administrative actions (Para 24 , 25 , 27 , 28) |
| 5. disposition of the writ petitions (Para 31) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. LN Dihingia, the learned counsel appearing on behalf of the petitioner in both the writ petitions. I have also heard Mr. A Sharma, the learned Standing Counsel, who appears on behalf of the Assam Plains Tribes Development Corporation Ltd. (for short, ‘the Corporation’) and Mr. D Gogoi, the learned counsel, who appears on behalf of the respondent No.4 in both the writ petitions and Mr. K Gogoi, the learned counsel, who appears on behalf of the respondent No.6 in WP(C)No.7076/2025.
2. The writ petitioner in WP(C)No.6542/2025 is aggrieved by the rejection of his technical bid, and the petitioner thereupon filed WP(C)No.7076/2025 challenging the work order dated 14.10.2025.
3. Before proceeding, this Court finds it very pertinent to observe that a re-tender in question was floated by the Corpora
Rejection of a technical bid based on non-submission of an IT Return not due at the time of bid submission constitutes arbitrary action, violating principles of fair evaluation.
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 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.
Technical bid non-responsive for missing mandatory physical affidavit; no evaluation or appeal period applies; limited judicial interference in tenders.
The rejection of a bid must be based on relevant and material factors, and the decision-making process should not consider extraneous or irrelevant factors.
The main legal point established in the judgment is that the rejection of a technical bid should be justified and in compliance with the tender requirements, especially when the submitted documents f....
The main legal point established in the judgment is that the rejection of a bid must be based on valid and sustainable reasons, and discriminatory treatment of bidders is not permissible.
In tender matters, judicial review is limited; courts defer to tender authority's bid responsiveness assessment unless arbitrary, mala fide or perverse, prioritizing public interest in infrastructure....
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