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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
KARDAK ETE, BUDI HABUNG
State of AP, represented by the Secretary – Appellant
Versus
L Y Enterprises, represented by its proprietor Shri Ladu Yekar – Respondent
Judgment :
Kardak Ete, J.
Heard Mr. B. Picha, learned Standing counsel, Rural Development Department, for the appellants in WA No. 20(AP)/2026 and Mr. D. Soki, learned counsel for the appellant in WA No. 21(AP)/2026. Also heard Mr. P. D. Nair, learned counsel for the respondent No. 1 in WA No. 20(AP)2026 and for the respondent No. 5 in WA No. 21(AP)/2026.
2. These 2 (two) intra-court appeals are directed against the judgment and order dated 09.01.2026 passed in WP(C) No. 243/2025 by the learned Single Judge, whereby the writ petition has been allowed by holding that the bid of the writ petitioner is within the permissible limit provided under Clause 20.4.3.2 of the CPWD Works Manual, 2014, thereby directing the respondent authorities to award the contract in favour of the writ petitioner.
3. Facts of the case in brief are that the Project Director, Department of Rural Development, Upper Subansiri District, Daporijo, the respondent No. 4 herein, issued a Notice Inviting Tender dated 11.04.2025 inviting bids from eligible Class-II contractors for “supply and procurement of materials under MGNREGA 2025–26” in respect of CD Block, Chetam, Upper Subansiri District, Daporijo (Package–VIII).
The court ruled that bids below the justified rate are non-responsive, emphasizing judicial respect for expert evaluations in tendering processes.
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 emphasized the need for fairness and transparency in the tender process and held that the principles of judicial review apply to prevent arbitrariness or favoritism in the exercise of contr....
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 failure to quote a bid price in the prescribed format renders a financial bid non-responsive, as per the terms of the tender document.
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....
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