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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SOUMITRA SAIKIA
Nyabom Jilen, represented by its proprietor Smti Nyabom Jilen – Appellant
Versus
State of Arunachal Pradesh, represented by the Secretary, Department of Rural Development – Respondent
JUDGMENT :
SOUMITRA SAIKIA, J.
1. Heard Mr. K. Lollen, learned counsel for the petitioner. Also heard Mr. N. Ratan, learned Additional Advocate General for the State respondents and Mr. K. Loya, learned counsel for the private respondent No.5.
2. This writ petition is filed by the petitioner, challenging the recommendation of the financial bid dated 06.06.2025, by the Financial Bid Evaluation Board in favor of the private respondent No.5. The writ petitioner is a sole proprietorship firm/contractor, having its place of business at Liromoba, West Siang District, Arunachal Pradesh. The petitioner is a registered Class-III contractor, bearing registration No. CEAP(CSQ)/W-48/2018-19/III/306, which was re-validated for a further period of 5 (five) years w.e.f. 28.12.2023, issued by the Chief Engineer (CSQ), Public Works Department, Govt. of Arunachal Pradesh, Itanagar.
3. In response to the NIT, being NIT No.WS/RD/NW/2025-26/5, dated 08.05.2025, for supply of item rate tender from eligible and registered Class II and Class III contractors for the work, “supply of material under MGNREGA 2025-26 CD Block Liromoba”, at an estimated cost of Rs.3,00,00,000/-(Rupees three crores), the petitione
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....
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 ruled that bids below the justified rate are non-responsive, emphasizing judicial respect for expert evaluations in tendering processes.
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.
Bidders must provide complete and accurate documentation as required by tender specifications, and courts should exercise restraint in reviewing decisions made by tender authorities unless there is c....
An unsuccessful bidder lacks standing to challenge the issuance of a Letter of Intent when disqualified for failing to meet mandatory requirements.
An unsuccessful bidder cannot challenge the award of a tender if disqualified in the technical evaluation, as they lack standing to do so.
The court emphasized that the award of contracts should be in public interest and not interfered with unless there is evidence of malafide or irrationality.
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