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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
KARDAK ETE, ANJAN MONI KALITA
Win Power Infra Private Limited – Appellant
Versus
D and G Construction – Respondent
| Table of Content |
|---|
| 1. tender process and bid evaluation. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. arguments regarding bid rejection and tender evaluation. (Para 12 , 14 , 15 , 16) |
| 3. analysis of procedural compliance and tender guidelines. (Para 31 , 32 , 33 , 34 , 35) |
| 4. review of justifications provided by bidders for low bids. (Para 36 , 38 , 39 , 40 , 41) |
| 5. final order and directives for bid allotment. (Para 81 , 82 , 83) |
JUDGMENT :
ANJAN MONI KALITA, J.
1.Heard Mr. D. Das, learned Senior Counsel assisted by Mr. R. B. Phukan and Mr. D. Panging, learned counsels for the appellant. Also heard Mr. P. K. Tiwari, learned Senior Counsel assisted by Mr. A. Sharma, learned counsel for Respondent No. 1 as well as Mr. L. Perme, learned Standing counsel for the Power Department representing respondent Nos. 2 to 9.
2. The instant intra-Court writ appeal has been filed by the appellant being aggrieved and dissatisfied with the judgment and order dated 23.05.2025 passed by the learned Single Judge in WP (C) No. 48(AP)/2025.
3. The facts of the case as projected in the instant writ appeal are that a Notice Inviting Tender (for short, ‘NIT’) was issued on 17.01.2024 by the Superintending Engineer, Elect
The court upheld that the re-evaluation of abnormally low bids by a constituted Sub-committee was proper, ensuring adherence to fair evaluation standards in public procurement processes.
The court emphasized adherence to procedural guidelines in tender processes, ruling that decisions must comply with established legal standards to prevent arbitrariness.
The court ruled that bids below the justified rate are non-responsive, emphasizing judicial respect for expert evaluations in tendering processes.
The court upheld the government's decision to reject a bid based on strict adherence to tender specifications and proper evaluation procedures, affirming compliance with Article 14 of the Constitutio....
District Collector is not empowered to consider the aspect of alteration of any route or alignment except to remove difficulties faced by the licensee. As a result of this, even the request of altern....
Tender/Contract/ Bid - Technical Bid - Because, selection process was based only on merit which are related to objectives to be achieved i.e. construction of road as per specification and within time....
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