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ORISSA HIGH COURT: CUTTACK
B.R.SARANGI, M.S.RAMAN
Mukesh Kumar Agrawal – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. review of tender eligibility and qualifications. (Para 1 , 2) |
| 2. arguments on bid disqualification and rectification. (Para 3 , 4 , 10) |
| 3. court's analysis on adherence to tender process. (Para 5 , 6 , 7 , 8 , 9) |
| 4. judicial review principles in contract and tender decisions. (Para 11 , 12 , 14 , 15) |
| 5. final ruling on tender process validity. (Para 17 , 19 , 20) |
JUDGMENT :
The petitioner, by means of this writ petition, seeks to quash the decision making process adopted by the authority under Annexure-1 dated 25.05.2023 in qualifying the technical bid of the opposite parties no.5 and 6, who have not complied with the terms and conditions of the tender notice under Annexure-2 dated 26.04.2023; and to issue direction to the opposite parties to accept his price bid and issue work order in his favour within a stipulated time.
2.1 In the proceeding of the tender committee, it was found that during scrutiny certain discrepancies were noticed in the tender documents furnished by two of the tenderers, namely, opposite parties no.5 and 6. The income tax return for the assessment year 2020-21 was not submitted through e-tender by opposite party no.5, but he had submitted copy of
The court emphasized that strict compliance with tender conditions is essential and that arbitrary qualification despite disqualifications undermines the fairness required in the contracting process.
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....
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....
Judicial review of tendering decisions is limited to assessing legality, with courts refraining from substituting the tender authority's decisions unless in cases of illegality or manifest arbitrarin....
The court emphasized the limited scope of judicial review in tender matters, the importance of punctilious and rigid enforcement of tender terms, and the uniform application of tender requirements to....
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