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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
RAJNESH OSWAL
Falcon Engineering – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
1. The official respondents issued e-NIT No. 41 of 2024-25 dated 13.08.2024 in respect of the work captioned as “Allied Works at Transit Accommodation at Baba Daryadin Ganderbal” and the last date for submission of the bids was 30.08.2024 (4.00 pm). The date and time of opening of the technical bids (online) was 31.08.2024 at 11.00 AM. The official respondents received the bids of the petitioner as well as respondent No.5.The technical bids were opened on 03.10.2024 and both the bidders were declared responsive during technical evaluation. Thereafter, representation/complaint dated 03.10.2024 was submitted by the respondent No. 5 against the petitioner stating therein that the petitioner has concealed its ongoing work/existing commitment, in respect of work of “construction/raising of second floor of Admin, Block (Phase 3) towards south side of the Main Campus” and acting upon the said representation, a communication dated 30.11.2024 was issued by the official respondents in terms of which the petitioner was declared “Non-responsive” without affording any opportunity of being heard to it, as urged by the petitioner. It is contended by the petitioner that the petitioner wa
The court upheld the decision of the official respondents to declare the petitioner non-responsive, emphasizing the importance of transparency in the tendering process and the application of natural ....
The rejection of a bid must be based on relevant and material factors, and the decision-making process should not consider extraneous or irrelevant factors.
The court upheld the decision of the respondent NHPCL, concluding that the NHPCL was within its rights to seek clarifications from the bidders as per the terms of the clauses and the manual.
The judgment emphasizes the importance of complying with tender conditions and the limited scope of judicial review in contractual and commercial matters.
The faulty application of the value of 'N' in the calculation of available bid capacity led to the illegal and arbitrary rejection of the petitioner's bid.
The court upheld the authority's discretion in evaluating tender bids, emphasizing the need for compliance with mandatory conditions and the absence of arbitrariness in disqualification decisions.
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