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IN THE HIGH COURT OF ALLAHABAD
Anjani Kumar Mishra, J
Rg Buildwell Engineers Ltd – Appellant
Versus
State Of UP – Respondent
JUDGMENT :
Anjani Kumar Mishra, J.
1. Heard Shri Shashi Nandan, learned Senior Advocate, for the petitioner, and Shri Anoop Trivedi, learned Senior Advocate for the Prayagraj Municipal Corporation and Shri Devansh Misra learned counsel for respondent No.3.
2. The petitioner, by means of this petition, inter alia, seeks a writ of certiorari for quashing the order Nos. 1722/adhi.abhi/2024 and 1721/adhi.abhi/2024, whereby a contract of three and two stretches respectively for comprehensive integrated road development under the CM-GRIDS scheme phase-1 has been awarded to the respondent No.3.
3. These contracts were labelled PKG-I and III in a tender floated by Prayagraj Municipal Corporation, which consisted in totality of three packages. The challenge is on the ground that the lowest bidder, the third respondent, was not qualified in terms of the tender document as it did not possess the requisite experience for being eligible for grant of the contract. An additional relief has been sought that these contracts be awarded to the petitioner who is the second lowest bidder and fully eligible.
4. The first contention of Shri Shashi Nandan, learned counsel for the petitioner is that the main cr
The court emphasized the necessity of verifying the eligibility criteria of bidders in tender processes, affirming that the responsibility for fact-finding lies with the contracting authority.
The judgment emphasizes the limited scope of judicial review in matters relating to tenders or award of contracts, highlighting the need for decisions to be mala fide, arbitrary, irrational, or affec....
The court emphasized the importance of examining the decision making process in tender awards and upheld the fulfillment of eligibility criteria as per the relaxed SBD clauses.
Public authorities must ensure fairness and non-arbitrariness in tender processes, adhering to established eligibility criteria.
Technical eligibility for tender bids can be established by aggregating experience from multiple work orders in the same financial year, as permitted by the tender document.
The court affirmed that in tender matters, the awarding authority has discretion to assess qualifications, and judicial review is limited to ensuring legality and fairness, without substituting the a....
Fairness cannot be a one-way street. The fairness required of the Financial Corporations cannot be carried to the extent of disabling them from recovering what is due to them. While not insisting upo....
Tender - Tender conditions are required to be read as provided in the tender document and if there are two views or construction possible than the view of the authority interpreting the tender docume....
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