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PUSHPENDRA SINGH BHATI
Smc Foods Limited, Through Its Authorized Signatory Mahendra Kumar Rathore S/o Udai Lal Rathore – Appellant
Versus
State Of Rajasthan – Respondent
Headnote: Read headnote
JUDGMENT :
1. This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:
i. by an appropriate writ, order or direction, quash the Tender process initiated by TENDER No.MSTC/JPR/Directorate of Mines & Geology Rajasthan Udaipur/54/Udaipur/23-24/15159 dated 10.7.2023 and may be directed to initiate the tender process afresh with all consequential directions;
ii. without prejudice to the prayer clause-i and in the alternative by an appropriate writ, order or direction, the respondents may kindly be directed to consider the technical bid of the petitioner and further the respondents may kindly be directed to allow the petitioner to submit its Initial Price Offer with all consequential directions;
iii. Any other appropriate order or direction, which this Hon’ble Court considers just and proper in the facts and circumstances of the cas
The decision-making process of the tendering authority should be respected unless there is mala fide or perversity, and the court should only interfere in tender matters in furtherance of public inte....
Court ruled the rejection of a technical bid for using an authorized dealer's DSC was arbitrary as eligibility conditions were met, emphasizing fair competition in tender processes.
Timely submission of bids is essential in e-procurement, and failure to comply negates any claim for acceptance based on alleged technical issues.
The rejection of technical bids based on arbitrary grounds was unjustified, necessitating a fresh tender process due to the flawed evaluation and lack of two qualified bidders.
The court emphasized the need for judicial restraint in interfering with tender processes, especially in matters involving technical issues, and highlighted the limitations of the court's expertise i....
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