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HIGH COURT OF UTTARAKHAND AT NAINITAL
MANOJ KUMAR TIWARI, SIDDHARTHA SAH
Super Construction Associates – Appellant
Versus
State of Uttarakhand – Respondent
Judgment :
Manoj Kumar Tiwari, J.
1. Chief Engineer, Uttarakhand Rural Roads Development Agency issued a Notice Inviting Tender on 02.03.2024, inviting item rate bids in two bid system for various construction works under Pradhan Mantri Gram Sadak Yojna (PMGSY). Pursuant to said notice, petitioner submitted bid in respect of work of up-gradation of Khunt-Kakrighat Motor Road to Charnbend Motor Road.
2. Procurement Evaluation Committee recommended to reject the technical bid of petitioner and the said recommendation was accepted by the Bid Accepting Authority vide order dated 12.08.2024. Reasons indicated by the Procurement Evaluation Committee for making recommendation to reject petitioner’s bid are as follows:
(i) Same evidences for key machineries are submitted by other bidders for different works
(ii) Certificate of 01 No. diploma holder not readable.
(iii) Bank Certificate submitted, but not as required.
(iv) Authority to seek reference submitted, but not as required.
3. Feeling aggrieved by rejection of his technical bid, petitioner has approached this Court. Petitioner has also challenged the decision taken by competent authority whereby technical bid of respondent No. 4 was found to
Judicial review in tender matters limited to arbitrariness or mala fides; courts defer to authority's bid compliance assessment, refusing substitution unless perverse.
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....
The decision of the employer in interpreting the conditions of eligibility in a tender document must be respected unless it is shown to be arbitrary, outrageous, and highly unreasonable.
Judicial review of tender processes is limited; courts should respect the authority's discretion unless there is clear evidence of arbitrariness or irrationality.
The employer's decision regarding qualifications and eligibility of a bidder must be respected, and interference is warranted only if the decision is unjust or unreasonable.
The court emphasized the need for restraint and deference to the tendering authority's interpretation of tender documents, especially in technical matters, and highlighted the importance of public in....
The court upheld the authority's discretion in evaluating tender bids, emphasizing the need for compliance with mandatory conditions and the absence of arbitrariness in disqualification decisions.
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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