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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
PRANJAL DAS
L.Y. Enterprises, Arunachal Pradesh – Appellant
Versus
State of Arunachal Pradesh, Represent by Secretary, Department of Rurual Development – Respondent
| Table of Content |
|---|
| 1. tender rejection details and bidding process. (Para 2 , 3 , 4 , 5) |
| 2. claims of arbitrary rejection of bid. (Para 6 , 10 , 12) |
| 3. respondent's justification for awarding contract. (Para 7 , 8 , 9) |
| 4. legal arguments against bidding process. (Para 14 , 15 , 18 , 20) |
| 5. court's assessment of justified rates. (Para 27 , 28 , 29) |
| 6. writ petition allowed and contract awarded. (Para 31 , 32) |
Judgment :
Pranjal Das, J.
Heard Mr. P.D. Nair, learned counsel for the petitioner. Also heard Mr. N. Ratan, learned Additional Advocate General for the State of Arunachal Pradesh/respondent Nos. 1 to 4 and Mr. D. Soki, learned counsel for the respondent No. 5.
2. The instant writ petition under Article 226 of the Constitution of India has been filed by the petitioner firm, being aggrieved, by the order dated 02-05-2025 passed by the respondent authorities with regard to NIT dated 11-04-2025, whereby the bid of the petitioner firm was rejected and that of the respondent No. 5/private respondent was accepted. The petitioner firm, after passing the technical evaluation, emerged as the lowest bidder during the financial evaluation; but its bid was rejected as the bid amount was stated to be a
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.
Cancellation of tender where L-1 bid within 5% limit, suspecting cartel without evidence, and inconsistent with prior awards exceeding limit, held arbitrary, violative of Article 14 warranting judici....
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....
The rejection of bids by public authorities must adhere to the principles of fairness, reasonableness, and non-arbitrariness as mandated by Article 14 of the Constitution of India.
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.
Point of Law : Where the parties had executed lease deeds incorporating therein the rights, liabilities and obligations of the parties inter se, in the case in hand, the parties had not entered into ....
The court upheld the cancellation of a tender based on abnormal pricing, emphasizing the need for administrative fairness and the authority's discretion in tender processes.
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