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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MUNNURI LAXMAN
GRG Infra, through Partner Ghansi Ram S/o Late Shri Ram Richpal – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. details of the bidding process and conditions. (Para 1) |
| 2. conclusion and order of the court. (Para 2 , 3 , 4) |
ORDER :
1. Learned counsel for both the parties submit that the controversy involved in these writ petitions are squarely covered by the order passed by the Coordinate Bench of this Court in S.B. Civil Writ Petition No. 9620/2011 (Shera Ram Choudhary Vs. State of Rajasthan & Ors.) and other connected matters decided on 28.01.2022 which reads as follows: -
“1. These three writ petitions involve common grievance; common question of law and almost common facts, hence, they are being disposed of by this common order.
2. For the purpose of convenience and clarity, facts of SB Civil Writ Petition No. 9620/2021: M/s Shera Ram Choudhary Vs. State of Rajasthan & Ors. are being taken into consideration.
3. The petitioner is AA Class contractor engaged in execution of construction work awarded by various Government Departments, including Water Resources Department.
4. The respondent No.5 issued an NIT dated 19.03.2021 for “repair and retrofitting of dam” for an estimated cost of Rs.1051.83 lacs. The NIT comprised of various conditions out of which condition No.16 required
Conditions for additional performance security prior to the enactment of Rule 75A are illegal unless supported by statutory provisions.
The main legal point established in the judgment is the illegality of requiring additional performance security for unbalanced bids in public procurement prior to the amendment, emphasizing the need ....
The court emphasized the importance of the respondents providing a clear basis for their claims and considering the petitioner's submissions in compliance with the previous court direction.
The court's decision was influenced by the interpretation of the Government Order, which determined the entitlement to relaxation of the condition regarding additional performance security.
Court upheld the demand for additional performance security per contractual terms to prevent front loading, emphasizing the need for safeguarding project completion.
The main legal point established in the judgment is that the benefits conferred by Government Orders extending relaxation in performance security and related guarantees were intended for contractors ....
(1) Constitutional courts must defer appreciation of tender documents by employer unless there is mala fide or perversity in understanding or appreciation.(2) Tendering authority cannot be expected t....
Rule 232 deals with general principles for award of grants-in-aid for centrally sponsored schemes.
Government decisions related to tenders must adhere to established guidelines, ensuring fairness, justice, and reasonableness.
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