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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH
Vasudevan K.M., S/o. T.E. Sreekumaranthirumumbu – Appellant
Versus
Chief Engineer(Naval Works ) Kochi – Respondent
JUDGMENT :
N.NAGARESH, J.
Petitioner, who is a C Class Contractor enlisted under the Chief Engineer, Southern Naval Command, Pune, is before this Court seeking to quash Exts.P9 and P11 and to declare that the petitioner is eligible to submit his bid in response to Ext.P6 re-tender issued pursuant to Ext.P1.
2. The petitioner states that the 1st respondent-Chief Engineer (Naval Works, Kochi) invited tender for “Completion of incomplete works for setting up single offices accommodation as a part augmentation of infrastructure and facilities at INA, Ezhimala (Phase-II)” as per Ext.P1 notice of tender. As the estimated cost of work is Rs.6,10,00,000/-, only Contractors having A Class and above registration were eligible to bid. As INA, Ezhimala is a remote station, Contractors one/two Class below the eligible Class were also permitted to bid the tender as per Ext.P1. The petitioner submitted Ext.P2 bid. When technical bid was opened, only two participants were found qualified. Price bid could not be opened due to administrative reasons. Subsequently, the tender was cancelled and Ext.P6 re-tender notification was issued.
3. The petitioner again submitted Ext.P7 bid. There were more bids thi
Judicial review in tender matters is confined to legality and fairness of the decision-making process, not the merits of the decision.
Judicial review in tender matters is limited to legality and procedural propriety; failure to meet eligibility criteria justifies bid rejection.
Tender notices must clearly define eligibility criteria to ensure fairness and prevent discrimination among bidders, particularly when involving contractors from different states.
The court emphasized the principles of judicial restraint in administrative action, the lack of expertise of the court to correct administrative decisions, and the importance of public interest in te....
Government Contract - Executive decisions - Declaration of bid as ‘Non responsive” justified - In public interest tender conditions have to be complied - Court to exercise judicial restraint in inter....
Public procurement processes must adhere to principles of transparency, fairness, and natural justice, especially in communicating reasons for bid disqualifications.
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