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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
DEVASHIS BARUAH
S.G.F. Infra Private Limited – Appellant
Versus
Union of India, through Secretary, New Delhi – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. R. Pant, the learned Senior Counsel assisted by Mr. K. Kalita, the learned counsel appearing on behalf of the Petitioner. Mr. H. Gupta, the learned CGC appears on behalf of the official Respondents and Ms. T. Gupta and Mr. B. Pathak, the learned counsels appear on behalf of the Respondent No.11.
PREFACE
2. The present writ petition has been filed challenging the rejection of the Petitioner’s technical bid vide the approval of the Competent Authority dated 07.11.2025. The Petitioner also assails the declaration of the Respondent No.11 as the L1 bidder and seeks for a writ of Mandamus directing the Respondent Nos.1 to 8 to declare the Petitioner as technically qualified and open the financial bid of the Petitioner.
BRIEF FACTS OF THE CASE
3. The Director (Contracts) of the Respondent Organization issued a Notice Inviting Tender for design and construction of 120 (80+40) meter span major permanent bridge with intermediate pier with steel superstructure (through type) on open foundation over Peepani-II Nallah at Km.32.200 (including casting of deck slab, wearing coat, kerbs and hand rails, drainage spout, procurement and fixing of bearing and expan
Medium enterprises are not entitled to Earnest Money Deposit exemption under government rules, highlighting the necessity for proper MSME classification in tender processes.
The court upheld the rejection of the petitioner's technical bid due to failure to meet registration requirements, emphasizing limited grounds for judicial review.
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.
MSEs with valid Udyam Registration are exempt from turnover and experience criteria in bidding processes as per applicable regulations, and arbitrary disqualification on these grounds is unlawful.
Remitted the matter back to the High Court for deciding the matter on merits even when the subject tender had already been finalized and the purchase order had been issued to the successful.
Tender authorities have broad discretion in evaluating bids, and a failure to comply with mandatory document submission requirements justifies disqualification unless clear malice is shown.
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.
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