2025:APHC:17301

IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

****

WRIT PETITION NO: 8990 of 2025

M/s. RKEC Projects Limited – YFC Projections pvt. Ltd., Rep. by its General Manager, Somanadh Namburu, Door No.10-12- 1, 3^rd Floor, Rednam Alcazar, Rednam Gardens, Opp. SBI

Main branch, Visakhapatnam – 530 002.

… PETITIONER

Versus

The Union of India, Rep. by its Chairman and CEO Railway Board, Room No.256A, Rail Bhavan, Raisina Road, New

Delhi, India and others.

… RESPONDENTS

DATE OF ORDER PRONOUNCED : 30.04.2025

SUBMITTED FOR APPROVAL:

HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

1. Whether Reporters of Local Newspapers

may be allowed to see the order? : Yes/No

2. Whether the copy of order may be

marked to Law Reporters/Journals? : Yes/No

3. Whether His Lordship wish to

see the fair copy of the order? : Yes/No

_____________________ SUBBA REDDY SATTI, J

* HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 8990 of 2025 % 30.04.2025 WRIT PETITION NO: 8990 of 2025 M/s. RKEC Projects Limited – YFC Projections pvt. Ltd., Rep. by its General Manager, Somanadh Namburu, Door No.10-12- 1, 3^rd Floor, Rednam Alcazar, Rednam Gardens, Opp. SBI Main branch, Visakhapatnam – 530 002.

… PETITIONER Versus The Union of India, Rep. by its Chairman and CEO Railway Board, Room No.256A, Rail Bhavan, Raisina Road, New Delhi, India and others.

… RESPONDENTS ! Counsel for Petitioner s : Sri Venkat Sailendra G ^ Counsel for Respondents : Sri Challa Dhananjai, Assistant Solicitor General Gist:

> Head Note:

? Cases referred:

1) (1994) 6 SCC 651

2) (2016) 16 SCC 818 3) (2021) 16 SCC 808 4) (2007) 14 SCC 517

5) (2016) 8 SCC 622

6) (2020) 16 SCC 489

7) (2022) 6 SCC127

8) 2023 (4) Supreme 87

9) (2005) 1 SCC 679 10) (2000) 2 SCC 617 This Court made the following:

APHC010167642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3331]

(Special Original Jurisdiction)

WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 8990/2025 Between:

M/s. Rkec Projects Limited - Yfc Projects Pvt. Ltd ...PETITIONER AND The Union Of India and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. VENKAT SAILENDRA G Counsel for the Respondent(S):

1. JUPUDI V K YAGNADUTT(CENTRAL GOVERNMENT COUNSEL)

The Court made the following:

::ORDER::

The above writ petition is filed to declare the action of respondent No.2 in disqualifying the technical bid of the petitioner vide online rejection dated 31.07.2024 in relation to the tender issued vide RFP No.CPMGSUWATEN GG20203012 dated 29.12.2023 as illegal and arbitrary.

2. The averments in the affidavit, in brief, are that RKEC Projects Limited – YFC Projects Pvt. Ltd., entered a joint venture to take part in a tender floated by respondent No.2 vide RPF No.CPMSUWATENGG2023012, dated 30.12.2023, inviting bids for the major upgradation of Visakhapatnam Railway Station, Visakhapatnam, Andhra Pradesh, on EPC Mode. Both companies were incorporated under the Companies Act. The petitioner is a construction company with vast experience in executing marine structures, bridges, buildings, and electrical and firefighting projects. YFC Projects Private Limited is a private limited company that is a turnkey EPC Contractor, executing projects all over India in the line of Highway, Metro Rail, Indian Rail, buildings, etc. Eight bidders participated in the tender process. Respondent No.2 adopted a single two-packet system for the selection of a bidder for the awarding of the project. The first part is the technical bid, and the second part is the financial bid.

b) The petitioners submitted the bid vide I.D.No.16315770 dated

12.02.2024 and also executed the bank guarantee. The petitioner satisfied the eligibility criteria as per the tender notification issued by respondent No.2. On 29.07.2024, respondent No.2 notified through IREPS portal that the technical bid of the petitioner stands disqualified. In remarks column, it was mentioned that “data does not meet the test of responsiveness in terms of mandatory docum