Back
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, BIPIN GUPTA
VPRPL-GKR JV – Appellant
Versus
Rajasthan State Mines and Minerals Limited – Respondent
| Table of Content |
|---|
| 1. appellant's bid disqualified due to prior contract issues. (Para 1 , 2 , 3) |
| 2. arguments regarding the misapplication of tender conditions. (Para 4 , 5 , 6) |
| 3. court's rejection of arguments based on contract termination. (Para 8 , 10 , 12 , 14) |
| 4. late challenges to tender conditions cannot be raised post-participation. (Para 15 , 19) |
| 5. conclusion and decision to dismiss the appeal. (Para 20) |
JUDGMENT :
BIPIN GUPTA, J.
1. By way of the instant appeal, the appellant has challenged the judgment dated 29.07.2025 passed in S.B. Civil Writ Petition No.12395/2025, whereby, the writ petition challenging the order dated 30.06.2025 was dismissed. It is pertinent to note that the appellant’s bid was found to be non-responsive in the technical bid evaluation process and thus the appellant was disqualified from participation in the tender process.
2. Shorn of the fact, respondent had issued a Notice Inviting Tender (NIT) for work related to hiring of Heavy Earth Moving Equipment for removal of overburden, raising, loading and transportation etc. of saleable lignite and allied works at Sonari Lignite Mines, District Barmer (Rajasthan). The appellant submitted the bid and on the con
Disqualification for tender participation can occur due to prior contract termination for breach, and late challenges to tender conditions post-participation are impermissible.
The Court upheld the Corporation's authority to impose pre-qualification criteria and found that it did not amount to blacklisting the petitioner.
The termination of the Concession Agreement shall not disqualify the appellant/petitioner for participating in future tenders issued by public authorities.
The main legal point established is the authority of the World Bank and monitoring agencies in setting eligibility criteria for projects, as well as the principles of fairness, non-arbitrariness, and....
A bid must fully disclose prior terminations and debarments; failure to do so invalidates qualification under tender conditions.
Tendering Authority's interpretation of its own tender conditions prevails; suppression of material facts results in disqualification.
Disqualification due to blacklisting applies to partnerships where designated partners impact eligibility, underscoring the authority's interpretation of tender conditions in public interest.
Judicial review in tender processes restricts courts from interfering unless the authority's decisions are arbitrary, irrational or harmful to public interest, upholding the right to amend or cancel ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
