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IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY
SKS foundation India Pvt. Ltd. – Appellant
Versus
Managing Director, Tamil Nadu Textbook & Educational Services Corporation – Respondent
| Table of Content |
|---|
| 1. overview of the tender process and disqualification. (Para 2 , 3 , 4) |
| 2. arguments based on clause - 4.9 and evaluation validity. (Para 7 , 8) |
| 3. legal standards for tender evaluations per established rules. (Para 12 , 13) |
| 4. final directions and dismissal of the petition. (Para 18 , 19) |
ORDER :
1. This Writ Petition is filed to call for the records relating to the impugned tender process bearing Ref.RC.No.440/Pur-II/2023, dated 12.01.2024 and to quash the same and consequently, direct the respondent to float a fresh tender in accordance with law without insisting on Clause - 4.9 of the tender.
2. The brief factual matrix from which this Writ Petition arises is that on 12.01.2024, a tender was floated under the Samagra Shiksha Project by the School Education Department, intending to provide sports and physical education equipment sets to 24,266 primary schools, 6,948 middle schools, 6,177 high and higher secondary schools, and district-level equipment sets to 38 districts for the year 2024-2025. This initiative aims to improve the physical fitness and mental health of students and all concerned. The total value of the tender was Rs. 74,00,00,000/-. The last date for bi
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.
The court affirmed the authority's right to seek clarifications in the tender process and limited judicial intervention in such matters.
Tender authorities must adhere to statutory criteria and act transparently; courts will not interfere unless clear evidence of arbitrariness or malafide conduct is presented.
Disclosure of reasons for tender bid rejection is only required after the award of the tender, upholding confidentiality in the evaluation process.
A participant in a tender process must disclose any prior blacklisting, which renders them ineligible if concealed.
The main legal point established in the judgment is the requirement for transparency and adherence to tender regulations, including the need for valid qualifications in the technical bid, as per the ....
Successful tenderers cannot be challenged by unsuccessful ones without first addressing the rejection of their own bids, emphasizing the limits of judicial review in public procurement.
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