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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Nagesh Bheemapaka
Agile Security Force Private Limited – Appellant
Versus
Superintendent – Respondent
| Table of Content |
|---|
| 1. refutations addressing tender compliance and document validity. (Para 2 , 3 , 6) |
| 2. respondent's arguments contesting the validity of disqualification. (Para 4 , 5) |
| 3. judicial review framework in administrative matters. (Para 7) |
| 4. final decision and dismissal of the writ petition. (Para 8) |
ORDER :
Nagesh Bheemapaka, J.
The case of the petitioner, precisely as per the writ affidavit is that he participated in the e-procurement Tender Notification dated 25.05.2022. After submitting its bid and receiving no communication, the petitioner discovered on the e-procurement portal on 20.06.2022 that it had been disqualified for being a "Block listed agency" citing a Government Memo from the Superintendent of MGM Hospital, Warangal, dated 02.04.2022. The petitioner had already submitted a letter to Respondent No. 1 on 21.06.2022, clarifying that the blacklisting direction had been suspended by this Court vide Order dated 08.04.2022 initially and later set aside entirely on 11.04.2023. Challenging this disqualification, the petitioner filed WP No. 35487 of 2022. During these proceedings, it was orally confirmed by the government's counsel that no Letter of Award had been issued
The court affirmed that adherence to tender conditions is mandatory, and disqualification for non-compliance does not violate principles of natural justice.
Tender authorities have broad discretion in evaluating bids, and a failure to comply with mandatory document submission requirements justifies disqualification unless clear malice is shown.
The discretion of the accepting authority in tender matters and the importance of truthful declarations in tender submissions.
Public procurement processes must adhere to principles of transparency, fairness, and natural justice, especially in communicating reasons for bid disqualifications.
Judicial review in tendering must focus on lawfulness over soundness; a bidder's failure to disclose critical past conduct can lead to disqualification without notice.
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