Tender regulations must be clear; rejection of a bid due to non-submission of a separate earnest money deposit not stipulated in the regulations is improper.

JUDGMENT :

Muralee Krishna, J.

The petitioner, who participated in the tender proceedings for allotment of a pooja stall in the Narmadeswaram Shiva Temple, conducted by the 2^nd respondent Travancore Devaswom Board for the year 2025-26, filed this writ petition under Article 226 of the Constitution of India seeking the following relief:

“Issue a writ of mandamus [sic:writ of certiorari] or any other appropriate writ or order setting aside the tender proceedings pursuant to Exhibit P1 to the extent to which closed tender was permitted by the respondents 2 to 5 or else allow a denovo tender pursuant to Exhibit P1.”

2. Going by the averments in the writ petition, Ext.P1 advertisement dated 07.03.2025 was issued from the office of the 4^th respondent Assistant Devaswom Commissioner for allotment of a Pooja stall in the Narmadeswaram Shiva Temple. As per the notification, the tender proceedings are to be conducted on 14.03.2025 at 10.00 a.m. at Sreevaraham Devaswom. As per the conditions stipulated in the notification anyone interested in participating in the tender proceedings should quote a minimum amount of Rs.83,600/- and deposit an amount of Rs.8,400/- as earnest money, vide; demand draft payable in the name of Accounts Officer of the Travancore Devaswom Board. The 3^rd respondent Commissioner of Travancore Devaswom Board issued Ext.P2 General as well as Special Regulations dated 06.02.2025 applicable to various temples coming within its purview regarding the notification of e-tender for the year 2025-26. Regulation No.4 of Ext.P2 classifies, on the basis of criteria of the tender amount involved in allotting Sanchaya kuthaka items into four categories. The tender of Pooja stall is included in category D, in which the bid amount involved is between Rs.2 lakhs and Rs.5 lakhs. The regulation stipulates that for items having a bid amount below Rs.5 lakhs, no e-tender proceedings will be conducted and only open tender proceedings shall be held. The petitioner deposited the earnest money, vide; demand draft for an amount of Rs.8,400/- payable in the name of the Accounts Officer of the Travancore Devaswom Board and also quoted an amount of Rs.89,150/- towards open tender proceedings. In the open tender proceedings held, only two persons including the petitioner participated. The petitioner bid in the open tender for the quoted amount of Rs.89,150/-, and it was the highest bid. In addition to the open tender proceedings, the petitioner had also quoted Rs.2,11,222/- as concealed tender as demanded by the 4^th and 5^th respondents. However, the tender was allotted to the 6^th respondent, who quoted an amount of Rs.1,11,111/- as concealed tender. The petitioner gave Ext.P3 letter dated 14.03.2025 to the 5^th respondent Sub Group Officer seeking his intervention to allot the tender to the petitioner. But the tender was allotted to the 6^th respondent and when the petitioner questioned the said act, he was informed that the petitioner’s quote was rejected, as he had not deposited two separate demand drafts; one for the open tender and the other for the concealed tender. The regulation No.4 of Ext.P2 stipulates that for category D, only open tender proceedings shall be conducted. The petitioner then submitted Ext.P4 representation dated 17.03.2025 to the 3^rd respondent narrating the facts. However, no action had been taken by the 3^rd respondent and hence the petitioner approached this Court with the above writ petition.

3. On 25.03.2025, when this matter came up for consideration, the learned Senior Government Pleader took notice on admission for the 1^st respondent and the learned Standing Counsel for Travancore Devaswom Board took notice on admission for respondents 2 to 5. Urgent notice on admission by special messenger was ordered to the 6^th respondent, returnable by 28.03.2025. It was further ordered that in case confirmation of tender has not taken place, the same shall be deferred for a period of one week.

4. On 28.03.2025, the 6^th respondent ente