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RAJNESH OSWAL
Fazal Rehman Dar – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
1. The respondent No.2, vide e-NIT No. CEJ/PMGSY/723 of 2022-23 dated 14.11.2022 invited tenders from the eligible contractors for allotment of various contracts for different works including the “Upgradation of road from MRL-18 Mangota to Darhal, Package No. JK12-3056, PMGSY-111, Batch-I of 2022-23; Block-Thana Mandi, District Rajouri Length 20.00 Kms (Using Waste Plastic)”.
2. The petitioner after having failed to procure the above mentioned contract on account of submission of the higher financial bid by the petitioner vis-a-vis the respondent No. 3 (successful bidder), has now approached this court raising grievance in respect of the defective technical bid submitted by the respondent No. 3 and its acceptance by the respondent No.2 vide order No. CEJ/PMGSY/25846 dated 06.12.2022, which as per the petitioner was uploaded on 14.01.2023. The petitioner has also questioned the action of the respondent No.2 for declaring the respondent No.3 as successful bidder for the contract under reference.
3. The case projected by the petitioner is that initially vide e-NIT No. CEJ/ PMGSY714 of 2022-23 dated 27.08.2022, the respondent No. 2 had invited tenders from approved and eligible
The court emphasized the importance of restraint and caution in exercising judicial review in contractual matters, and highlighted the authority's discretion in interpreting tender terms and conditio....
The main legal point established in the judgment is the requirement for strict compliance with essential conditions in a tender, and the need for substantial compliance with the broader objectives of....
The judgment emphasizes the importance of complying with tender conditions and the limited scope of judicial review in contractual and commercial matters.
Important Point – Government Contract – Tender – Public authorities have to ensure that no bias, favouritism or arbitrariness are shown during bidding process and that entire bidding process is carri....
The exemption for Micro and Small Enterprises does not apply to the submission of Annual Audited Reports and Income Tax Returns as required by the NIT.
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