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SHAJI P. CHALY
Laxmi Civil Engineering Services Pvt. Ltd. – Appellant
Versus
Kerala Water Authority – Respondent
JUDGMENT :
The captioned writ petitions are filed by two companies, stated to be having decades of experience in general construction industry and specific experience in constructing various types of Water Treatment Plants (WTP), who have participated in the tender invited by the Kerala Water Authority from its registered ‘Class A’ contractors in respect of the works “Construction of Intake well cum Pump house, supplying, Laying, Testing and Commissioning of Raw Water Pumping Main, Construction & Commissioning of 100 MLD Water Treatment Plant and allied structures at Koolimadu, Substations and Allied Electrics at Intake and WTP, Raw Water and Clear Water pumpsets, Supplying, Laying, Testing and Commissioning of M.S. Clear Water Pumping Main from WTP To Reservoir at Thanikkodumala, Clear Water Transmission Main from Reservoir at Thanikkodumala to various Service Reservoirs, Construction of Sump cum Pump House at Kizhakkoth and online Booster Station at Puthuppadi", and “Construction and Commissioning of 100 MLD Water Treatment Plant at Peruvannamuzhi, Floating Intake Structure, Raw Water Pump Sets, Raw Water Pumping Main, Transformers, Substation and Clear Water Transmission Main fro
Courts should refrain from interfering with tender evaluation decisions unless there are clear legal infirmities or arbitrariness in the process.
Tender evaluation must prioritize relevant experience and qualifications as stipulated in the notice inviting tenders, with courts deferring to specialized committees unless clear errors occur.
Power of judicial review exercised by High Court under Article 226 of Constitution of India is to find out whether decision of State was manifestly arbitrary or unjust.
Compliance with tender requirements is essential for bid validity; failure to provide adequate documentation results in disqualification.
The court ruled that tender eligibility criteria must explicitly state disqualifications, allowing joint venture experience to be considered for bidder qualifications, ensuring clarity and fairness i....
Experience of a firm is not in its entirety attributable to each individual partner, but attributable only to the collective effort of all partners concerned.
The court upheld the validity of tender disqualification based on non-compliance with specified documentation requirements, affirming the decision-making integrity of the evaluation committee.
The court emphasized the mandatory nature of tender conditions and upheld the decisions of the Tender Evaluation Authority and the Appellate Authority, emphasizing the settled legal position that the....
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