IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
MANISH CHOUDHURY
Mili Chaudhury Hazarika W/o Ramen Hazarika – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. writ petition against bid evaluation process. (Para 1) |
| 2. bidding process and eligibility criteria details. (Para 2 , 3 , 4) |
| 3. counsel representation for parties. (Para 5) |
| 4. petitioner argues technical bid violations. (Para 6 , 7 , 8) |
| 5. court analyzes clauses of bid document. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 6. distinguishing case precedents on bid compliance. (Para 17 , 18) |
| 7. judicial restraint on bidding process interference. (Para 19 , 20 , 21) |
| 8. financial bid acceptance and obligations. (Para 22 , 23) |
| 9. petitioner delayed objections after bid opening. (Para 24) |
| 10. tests for judicial interference in tender jurisprudence. (Para 25) |
| 11. decision-making process found valid. (Para 26) |
| 12. writ petition dismissed on merits. (Para 27) |
ORDER :
1. This writ petition under Article 226 of the Constitution of India is presented to assail a bid evaluation process undertaken by the respondent authorities in the Excise Department in connection with a bidding process initiated by a e-Bid Notice dated 15.12.2023 published by the respondent no. 3. The petitioner has preferred this writ petition after opening of the financial bids of the technically qualified bidders on 13

Central Coalfields Limited and another vs. SLL-SLM [Joint Venture Consortium] and others
Afcons Infrastructure Limited vs. Nagpur Metro Rail Corporation Limited and another
Judicial review of tender processes is constrained; courts should not interfere unless decisions are arbitrary or favor a specific party, respecting the employer’s evaluation within the scope of rele....
Non-compliance with tender submission requirements, including necessary documentation and signatures, justifies the rejection of a technical bid regardless of prior acceptance.
The court emphasized that strict compliance with tender conditions is essential and that arbitrary qualification despite disqualifications undermines the fairness required in the contracting process.
The court upheld the decision of the respondent NHPCL, concluding that the NHPCL was within its rights to seek clarifications from the bidders as per the terms of the clauses and the manual.
Judicial review in tender matters is limited; courts should not interfere unless actions are arbitrary, discriminatory, or biased.
Judicial review of tendering decisions is limited to assessing legality, with courts refraining from substituting the tender authority's decisions unless in cases of illegality or manifest arbitrarin....
Court ruled the rejection of a technical bid for using an authorized dealer's DSC was arbitrary as eligibility conditions were met, emphasizing fair competition in tender processes.
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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.