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IN THE HIGH COURT OF JHARKHAND AT RANCHI
TARLOK SINGH CHAUHAN, RAJESH SHANKAR
Cobra Industrial Security Force (I) Ltd., having its registered office at Tiwari Mansion – Appellant
Versus
Birsa Agricultural University, Kanke, Ranchi – Respondent
JUDGMENT :
Rajesh Shankar, J.
1. The present writ petition has been preferred for quashing and setting aside the Letter of Award dated 03.04.2025 issued by the Purchase Officer, Birsa Agricultural University, Kanke, Ranchi (Respondent No.3) whereby the work related to E-Tender Ref. No. F-05/06/Security/Part-V with respect to providing security arrangement on contract basis at Birsa Agricultural University, Ranchi (hereinafter referred as the said Tender), has been awarded to M/s Shiva Protection Force Private Limited (Respondent No. 4). Further prayer has been made for award of the said tender in favour of the petitioner as it was declared L1 bidder and vide email dated 05.04.2025, it was informed that its bid was accepted by the duly constituted committee.
2. The learned counsel for the petitioner submits that the said tender was floated by the respondent-University in which the petitioner also participated. Thereafter, being declared technically qualified, the financial bids of all the bidders were opened on 05.04.2025 and the respondent-University communicated the petitioner vide e- mail 05.04.2025 that its financial bid was accepted by the duly Constituted Committee.
3. It is furt
Ambiguity in tender terms and conditions led to the cancellation of the tender and disqualification of the lowest bidder. The court emphasized the importance of clear and unambiguous tender condition....
The court ruled that disqualification of a bidder without opportunity to respond violates principles of natural justice, and tender ambiguity necessitates careful clarifications to avoid unfair resul....
Tender conditions mandating compliance with minimum wage must strictly be followed; non-compliance voids bid eligibility.
Judicial review in tender matters is limited to cases of arbitrariness or fundamental legal errors; ambiguity in tender specifications justifies cancellation.
The tendering authority has the power to negotiate with the L-1 tenderer for the rates quoted considering the reasonability of the rates for different categories.
A bid not meeting the lowest statutory requirements due to material non-compliance does not invalidate the tender if the overall statutory obligations are met, allowing a degree of flexibility in com....
The decision-making process of the authority can be subject to judicial review, and interference is warranted if the decision is found to be palpably arbitrary and unreasonable.
The court established that significant deviations from tender guidelines and arbitrary evaluation criteria violate the principles of fairness and proportionality under Article 14 of the Constitution.
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.
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