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HIGH COURT OF UTTARAKHAND AT NAINITAL
MANOJ KUMAR TIWARI, SIDDHARTHA SAH
Super Construction Associates – Appellant
Versus
State of Uttarakhand – Respondent
| Table of Content |
|---|
| 1. tender requires specific bid qualification documents under itb 4.2. (Para 1 , 2 , 3 , 4 , 5) |
| 2. exclusive equipment availability needed to prevent work delays. (Para 6 , 7 , 10 , 11 , 12 , 13) |
| 3. diploma must be legible for technical personnel verification. (Para 8 , 14 , 15 , 16) |
| 4. bank certificates must include full contact details. (Para 9 , 17 , 18 , 19 , 20 , 21) |
| 5. limited judicial review in tenders absent mala fides. (Para 22 , 23 , 24 , 25) |
| 6. non-compliant bids rightly rejected; no interference. (Para 26 , 27) |
| 7. rejected bidder lacks locus to challenge rival. (Para 28 , 29 , 30) |
| 8. writ petition dismissed for lack of merit. (Para 31) |
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 t
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.
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 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.
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....
Judicial review of tender processes is limited; courts should respect the authority's discretion unless there is clear evidence of arbitrariness or irrationality.
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....
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.
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