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S. M. SUBRAMANIAM, C. KUMARAPPAN
Managing Director and Tender Inviting Authority – Appellant
Versus
XO Footwear Pvt. Ltd. – Respondent
JUDGMENT :
C. KUMARAPPAN, J.
Prayer: Writ Appeal filed under Clause 15 of Letters Patent praying to set aside the order dated 21.04.2022 in W.P. No. 9046 of 2022.
1. “Tamil Nadu Textbook and Educational Services Corporation” [hereinafter shall be referred to as “Corporation”] has filed the instant writ appeal aggrieved with the order of the learned Single Judge passed in W.P. No. 9046 of 2022 dated 21.04.2022.
2. The short facts which are necessary for the disposal of the present writ appeal is that, the Corporation has floated tender for the supply of socks for school children on Annual Rate contract basis for the year 2022-2023. The said tender notification was advertised on 20.12.2021 informing the time schedule that, Pre-Bid meeting on 04.01.2022 and the last date for submission of Tender was on 20.01.2022. It was also mentioned that the technical bid will also be opened on the same date. However, a Corrigendum was issued subsequently by extending the tender opening date.
3. In the tender form, the Corporation has directed the bidders to submit a declaration in respect of their status whether they have been blacklisted or not vide Annexure-VI. For ready reference, Annexure-VI is ext
The evaluation of tenders must be completed within the validity period as per established rules, and suppression of material facts can lead to disqualification from participation.
Tender authorities must adhere to statutory criteria and act transparently; courts will not interfere unless clear evidence of arbitrariness or malafide conduct is presented.
The court emphasized the need for strict observance of the principles of natural justice before passing an order of blacklisting and highlighted the requirement of a valid, particularised, and unambi....
The discretion of the accepting authority in tender matters and the importance of truthful declarations in tender submissions.
A participant in a tender process must disclose any prior blacklisting, which renders them ineligible if concealed.
The court established that transparency in the tender process is essential, and failure to comply with statutory requirements can render the tender process invalid.
Judicial review in tendering must focus on lawfulness over soundness; a bidder's failure to disclose critical past conduct can lead to disqualification without notice.
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