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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
DEVASHIS BARUAH
Ms No Hassle Deal – Appellant
Versus
Airport Authority Of India (AAI) Represented By The Airport Director – Respondent
| Table of Content |
|---|
| 1. details of tender submission process. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. petitioner's claims regarding bid rejection. (Para 10 , 11 , 12 , 13 , 14 , 16) |
| 3. court's examination of tender compliance. (Para 23 , 24 , 25 , 27 , 28 , 29 , 30) |
| 4. judicial review limits on tender decisions. (Para 32) |
| 5. writ petition dismissed. (Para 33 , 34) |
JUDGMENT :
Devashis Baruah, J.
Heard Mr. Joshua Sheqi, learned counsel appearing on behalf of the Petitioner. Ms. Priyana Chettri, learned counsel appears on behalf of the Respondent Nos. 1 and 2 and Ms. Z. Zhimomi, learned counsel appears for the Respondent No. 3.
PREFACE
2. The Petitioner herein has approached this Court challenging the Tender Summary Report dated 12.02.2026 whereby the Petitioner’s Technical Bid was rejected and the firm of the private Respondent No. 3 was declared as L1 and the firm of the private Respondent No. 4 as L2.
BRIEF FACTS OF THE CASE
3. The brief facts of the instant case are that the Airport Authority of India, i.e. the Respondent No. 1 had issued a notice inviting e-tender thereby inviting eligible contractors to participate through e-Portal for reconstruction of the runway from Chainage 50m to 350m with rig
Judicial review of tender decisions is limited; rejection is valid if submission criteria outlined in the NIT are not met, such as the requirement for a complete Integrity Pact.
Compliance with tender conditions and eligibility criteria is crucial in technical bid disqualification cases, and the scope of judicial review in such matters is limited.
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.
Adherence to the prescribed format and requirements outlined in the bidding documents is crucial, and failure to comply with mandatory requirements can lead to the valid rejection of a technical bid.
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....
Judicial restraint is paramount in administrative contract disputes, with equal opportunity granted to bidders for document rectification to avoid discrimination.
Tender evaluation requires strict adherence to essential qualification criteria, and failure to comply justifies rejection of bids without infringing rights under Article 14.
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