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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A.
K Muhammad Haji – Appellant
Versus
Kerala Road Fund Board Project Management – Respondent
| Table of Content |
|---|
| 1. petitioner's challenge to the bidding process (Para 1 , 2) |
| 2. petitioner's qualifications and discrepancies in respondent's tender (Para 3 , 4) |
| 3. respondents' objection and documentary evidence (Para 5 , 6) |
| 4. counter affidavits and detailed explanations provided by the respondents (Para 7 , 8 , 9) |
| 5. prime contractor definition and its implications on contract qualifications (Para 10 , 11) |
| 6. conditions for valid tender documentation and completion accuracy (Para 12 , 13) |
| 7. judicial review standards in tender disputes (Para 14 , 15) |
| 8. acceptability of bank guarantees and compliance with requirements (Para 16 , 17) |
| 9. financial turnover and its acceptance by the evaluation committee (Para 18 , 19) |
| 10. judicial restraint in tender decision-making (Para 20 , 21 , 22 , 23) |
JUDGMENT :
Ziyad Rahman A.A., J.
This writ petition is submitted by a registered contractor being aggrieved by the proposal to finalize the bidding process notified as per Ext.P1, in favour of the 3rd respondent, as according to the petitioner, the 3rd respondent is not possessing the necessary qualification as contemplated in the notice inviting tender (NIT).
2. The facts which led to the filing of this wr
Judicial review of tender decisions should respect the expertise of evaluation committees unless evidence of arbitrariness or unreasonableness is demonstrated.
Point of Law : Tender /Contract - allocation of full marks for the 'Financial Criteria' was not sustainable, for want of relevant documents submitted along with the Tender and this by itself would di....
The evaluation of tender bids must comply strictly with the qualifications defined in the tender, and any deviation or submission of erroneous documents leads to disqualification.
The person claiming justice and equity must come with clean hands.
Government contract – Tender - The judicial review on State administrative activities is limited inasmuch as the Constitutional Courts do not sit on appeal as to whether the decision is good and soun....
Judicial review in tender matters is limited to assessing procedural fairness, not the merits of the tender conditions, which are determined by the tendering authority.
The court upheld the tendering authority's discretion in setting eligibility criteria, emphasizing limited judicial review focused on procedural fairness rather than the merits of the decision.
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