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HIGH COURT OF UTTARAKHAND AT NAINITAL
MANOJ KUMAR TIWARI, SUBHASH UPADHYAY
J.K. Enterprises – Appellant
Versus
State of Uttarakhand – Respondent
| Table of Content |
|---|
| 1. petitioner's claim of vested right as l1 after tender cancellation. (Para 1 , 2 , 3) |
| 2. lowest bidder has no vested right; tender is invitation to offer. (Para 4 , 5 , 6 , 7) |
| 3. cancellation justified by suspected cartel among bidders. (Para 8 , 9 , 10) |
| 4. re-tender conditions ensure experienced, compliant manpower suppliers. (Para 11 , 12 , 13) |
| 5. tender terms not reviewable unless arbitrary; petition dismissed. (Para 14 , 15 , 16 , 17) |
JUDGMENT :
Manoj Kumar Tiwari, J.
Petitioner submitted bid pursuant to e-tender notice issued by Nagar Nigam, Haridwar for supply of manpower. According to him, rates quoted by him were the lowest, yet contract was not awarded to him and the tender process was cancelled and another tender notice was issued by Nagar Nigam on 15.12.2025. Thus, feeling aggrieved, petitioner has approached this Court, seeking the following reliefs:-
“i) Issue a writ, order or direction in the nature of certiorari quashing the cancellation of e-tender for Manpower supply (by Outsourcing) at Nagar Nigam Haridwar vide impugned order dated 15-12-2025 issued by respondent no. 4 (contained Annexure no. 5 to this writ petition) and this Hon'ble Court may further be
Lowest bidder has no vested right to contract; authority may cancel tender for valid reasons like cartel without malice; tender conditions not judicially reviewable unless arbitrary.
The authority's interpretation of tender conditions is paramount, and non-compliance with explicit requirements justifies cancellation of bids.
Point of Law : Where the parties had executed lease deeds incorporating therein the rights, liabilities and obligations of the parties inter se, in the case in hand, the parties had not entered into ....
Cancellation of tender where L-1 bid within 5% limit, suspecting cartel without evidence, and inconsistent with prior awards exceeding limit, held arbitrary, violative of Article 14 warranting judici....
The authority may cancel a tender without reason if lack of competition is evident; bidders have no enforceable rights without formal acceptance of their bids.
Judicial review of tender conditions is limited to preventing arbitrariness; authorities have discretion in setting conditions based on project requirements.
The cancellation of a tender by an authority after the bidding process is complete is arbitrary unless supported by clear, substantiated justifications, reaffirming the need for transparency and fair....
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