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HIGH COURT OF UTTARAKHAND AT NAINITAL
MANOJ KUMAR TIWARI, SUBHASH UPADHYAY
J.K. Enterprises – Appellant
Versus
State of Uttarakhand – Respondent
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 pleased to quash and set aside the re-tender of the said tender vide re-tender notice dated 15-12-2025 (Annexure no. 6 to this Writ Petition).
ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 3 and 4 to forthwith execute the contract bond in respect of the earlier Tender [viz. e-tender dated 18.09.2025 for Manpower supply (by Outsourcing) at Nagar Nigam Haridwar], in which petitioner is the L-1.”
2. Learned Se
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 ....
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....
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
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