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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAGESH BHEEMAPAKA
Leotech Process, Rep. By Its Proprietor Sri V. Srinivasa Reddy – Appellant
Versus
Union Of India, Rep. By The General Manager, South Central Railway – Respondent
| Table of Content |
|---|
| 1. petitioner's challenge to 6th respondent's eligibility. (Para 1 , 2) |
| 2. respondents' defense against the petition. (Para 3 , 4) |
| 3. court's critical analysis of the evidence presented. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 4. court finds respondents' actions arbitrary. (Para 13) |
| 5. writ petition allowed; 6th respondent's qualification set aside. (Para 14 , 15 , 16) |
ORDER :
NAGESH BHEEMAPAKA, J.
1. This Writ Petition is filed aggrieved by the action of Respondents 3, 4 and 5 in qualifying the 6th Respondent in respect of Tender dated 15.05.2025, which, according to Petitioner, is contrary to Annexure-XIX and XX and the instructions at page 138 of the Tender Notice. Petitioner, therefore, seeks to declare the said action as illegal, arbitrary and contrary to the tender conditions, and consequently to set aside the qualification of the 6th Respondent in the above tender process.
2. Petitioner states that the 6th Respondent did not comply with the said requirements, having failed to disclose crucial information that directly affects determination of its eligibility, therefore ought to have been disqualified at the threshold. It is stated, on 15.05.2025, the 5th Respondent
A bid must fully disclose prior terminations and debarments; failure to do so invalidates qualification under tender conditions.
Tendering Authority's interpretation of its own tender conditions prevails; suppression of material facts results in disqualification.
Tender - Eligible for participating and opening of price bid in tender proceeding - Respondent-State acted in extending undue favour to respondent No.6, which made the decision making process to be e....
The court emphasized that strict compliance with tender conditions is essential and that arbitrary qualification despite disqualifications undermines the fairness required in the contracting process.
Tender conditions are binding and deviations lead to arbitrariness, violating fairness in the procurement process.
Point of Law : An order which has not been brought on record in a writ petition cannot be set aside by this Court in exercise of its power of judicial review.
Public procurement processes must adhere to principles of transparency, fairness, and natural justice, especially in communicating reasons for bid disqualifications.
The judgment establishes the importance of meeting essential tender conditions, particularly the financial qualification criteria, and the consequences of non-compliance.
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