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IN THE HIGH COURT OF KERALA AT ERNAKULAM
V.G.ARUN, J
KOYA &&& COMPANY CONSTRUCTION LTD. – Appellant
Versus
KERALA WATER AUTHORITY – Respondent
ORDER :
The petitioner is a private limited company and a registered A Class contractor under the Kerala Water Authority/ 1st respondent. The petitioner had submitted its bid in response to the Ext.P1 e-tender notice issued by the 2nd respondent for the work captioned “KIIFB Aided Thalassery- Kuthuparamba Comprehensive drinking Water Project- Construction of Service Reservoirs (24 Land & 14 LL) Supplying and Laying of Gravity mains, Distribution systems, Providing FHTCs etc.-Pipeline work”. In the tender proceedings conducted thereafter, petitioner and the 3rd respondent were found to be having the necessary experience and expertise to be carry out the notified work. The financial bids were opened on 01-08-2024 and as per Ext.P5 item wise BoQ rates of the bidders published by the 2nd respondent, petitioner's was the lowest quote (L1). The total PAC quote by the petitioner was 1.5% above the tendered PAC, while that of the 3rd respondent was above 7%. As cost based system was adopted for the tender, all that remained was issuance of a selection notice/letter of award to the petitioner. At that stage, petitioner received reliable information that the work is likely to be awarded to th
The court upheld the constitutionality of government orders granting price preference to Labour Contract Co-operative Societies in public tenders, affirming limited judicial review in contractual mat....
Eligible price preference for cooperative societies is restricted to government works, affecting the maintainability of disputes under the Kerala Co-operative Societies Act.
The main legal point established in the judgment is that citizens do not have a fundamental right to demand a contract from the State, and the government's policy of granting price preference to labo....
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....
Tender notices must clearly define eligibility criteria to ensure fairness and prevent discrimination among bidders, particularly when involving contractors from different states.
The court ruled that bids below the justified rate are non-responsive, emphasizing judicial respect for expert evaluations in tendering processes.
The court emphasized the need to prevent arbitrariness or favoritism in matters relating to award of contracts involving a public authority, and highlighted the principles of judicial review to ensur....
The entitlement of contractors to claim benefits under specific Government Orders is determined by the conditions and categories of contractors eligible for the benefits as specified in the orders.
The participation in a tender process waives the right to subsequently challenge its conditions unless proven arbitrary or illegal.
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