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IN THE HIGH COURT OF ORISSA AT CUTTACK
HARISH TANDON, C.J., MURAHARI SRI RAMAN
Vedika Resources through its Sole Proprietor – Appellant
Versus
National Aluminium Company Ltd. – Respondent
| Table of Content |
|---|
| 1. eligibility criteria not met. (Para 2) |
| 2. arguments presenting lack of compliance with pre-qualification. (Para 4) |
| 3. opposite party's claim of eligibility rebutted. (Para 5) |
| 4. court analysis of critical evaluation of tenders. (Para 6) |
| 5. court's ruling against arbitrary decision making. (Para 7 , 8) |
| 6. writ petition allowed; l1 bidder declaration set aside. (Para 9) |
JUDGMENT :
MURAHARI SRI RAMAN, J.
By way of filing writ petition under the provisions of Articles 226 and 227 of the Constitution of India, the petitioner craves to question the legality, propriety and reasonableness in declaring the bid of the opposite party No.2-Maa Mangala Construction as technically qualified despite having no prequalification credentials and beseeches to grant following relief(s):
“In the circumstances, it is most graciously prayed for that this Hon'ble Court may be pleased to admit the writ application and be pleased to:
(i) Issue a Writ of Certiorari or any other appropriate writ to quash and set aside the results of the price bid round dated 22.01.2024 declaring Opposite Party No.2 as the L-1 bidder under Annexure-9 of the instant Writ Petition;
(ii) Issue a Writ of Mandamus or any oth
Essential tender eligibility criteria must be strictly complied with, and any deviation leads to arbitrary exercise of power, warranting judicial review.
The decision of the employer in interpreting the conditions of eligibility in a tender document must be respected unless it is shown to be arbitrary, outrageous, and highly unreasonable.
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....
District Collector is not empowered to consider the aspect of alteration of any route or alignment except to remove difficulties faced by the licensee. As a result of this, even the request of altern....
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.
The court emphasized the need for restraint and deference to the tendering authority's interpretation of tender documents, especially in technical matters, and highlighted the importance of public in....
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