Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
G.S.SANDHAWALIA, CJ., JIYA LAL BHARDWAJ
Naresh Kumar Vij – Appellant
Versus
State of H.P – Respondent
| Table of Content |
|---|
| 1. petitioner l-1 bidder at 3.91% above tender estimate. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. award l-1 if within 5% per cpwd manual. (Para 7 , 8 , 9 , 10 , 11) |
| 3. suspected cartel prompts tender cancellation. (Para 12 , 13 , 14) |
| 4. court-directed negotiation yields lower bid. (Para 15 , 16 , 17 , 18 , 19) |
| 5. review tenders only for arbitrariness. (Para 20 , 21 , 22 , 23 , 24 , 25) |
| 6. inconsistent awards evidence state arbitrariness. (Para 26 , 27 , 28 , 29) |
| 7. quash order; award at negotiated rate. (Para 30) |
Judgment :
Jiya Lal Bhardwaj, J.
The challenge in the present Writ petition is to the office order dated 09.07.2025, passed by respondent No.4, who has communicated the decision taken by respondent No.2, whereby the tender process issued for up-gradation of Tikkar Jarol Gahan Nankhari Khamadi Road Km.0.000 to 52.000 has been returned unapproved, though the petitioner was the lowest bidder and L-1 in the financial bid.
2. Shorn of unnecessary details, the key facts for adjudication of the issue in the present petition are that the respondents-State had invited tenders for the aforementioned work vide tender No.PW/RMP/TA/2024-15561-62 dated 25.03.2025. Thereafter, respondent No
Cancellation of tender where L-1 bid within 5% limit, suspecting cartel without evidence, and inconsistent with prior awards exceeding limit, held arbitrary, violative of Article 14 warranting judici....
Tender evaluation must adhere strictly to the established criteria, and rejection based on erroneous interpretations undermines fairness and legality in public procurement processes.
The court ruled that bids below the justified rate are non-responsive, emphasizing judicial respect for expert evaluations in tendering processes.
Point of Law : Where the parties had executed lease deeds incorporating therein the rights, liabilities and obligations of the parties inter se, in the case in hand, the parties had not entered into ....
The procuring entity has the discretion to cancel tenders and re-invite bids without prior communication of reasons; judicial review is limited to assessing arbitrariness or statutory violations in p....
Lowest bidder has no vested right to contract; authority may cancel tender for valid reasons like cartel without malice; tender conditions not judicially reviewable unless arbitrary.
The court emphasized the need for fairness and transparency in the tender process and held that the principles of judicial review apply to prevent arbitrariness or favoritism in the exercise of contr....
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
