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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ARUN PALLI, VIKRAM AGGARWAL
Om Prakash Arya – Appellant
Versus
Food Corporation of India – Respondent
JUDGMENT :
Vikram Aggarwal, J.
1. The petitioner assails the technical evaluation summary dated 27.08.2024 (Annexure P-5) vide which the technical bid submitted by the petitioner for being appointed as Handling and Transport Contractor for Center Gohana, Rail Head, Gohana was rejected and the order dated 10.09.2024 (Annexure P-8) vide which representation dated 31.08.2024 (Annexure P-6) moved by the petitioner in compliance with the order dated 03.09.2024 (Annexure P-7) passed by this Court in CWP No. 21995 of 2024 titled as 'Om Prakash Arya Vs. Food Corporation of India and Another' was rejected and the order dated 27.08.2024 was upheld.
2. A Notice Inviting Tender (NIT) dated 19.06.2024 (Annexure P-1) was issued by the Food Corporation of India (respondent No. 1) for appointing of Handling and Transport Contractor (HTC) at Center Gohana under the two bid system from financially sound parties having requisite business competence. The terms and conditions of the NIT were to be read with the Model Tender Form (MTF) (Annexure P-2).
3. The petitioner submitted its bid on 10.07.2024 (Annexure P-3) and the technical evaluation report dated 27.08.2024 was mailed to the petitioner vide which
Rejection of a technical bid based on non-submission of an IT Return not due at the time of bid submission constitutes arbitrary action, violating principles of fair evaluation.
In tender matters, judicial review is limited; courts defer to tender authority's bid responsiveness assessment unless arbitrary, mala fide or perverse, prioritizing public interest in infrastructure....
Judicial review in tender matters limited to arbitrariness or mala fides; courts defer to authority's bid compliance assessment, refusing substitution unless perverse.
Judicial intervention in tender processes is limited; courts should exercise restraint unless there is clear evidence of arbitrariness or mala fides.
Bidders must provide complete and accurate documentation as required by tender specifications, and courts should exercise restraint in reviewing decisions made by tender authorities unless there is c....
The rejection of a bid must be based on relevant and material factors, and the decision-making process should not consider extraneous or irrelevant factors.
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