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CHHATTISGARH HIGH COURT
*Navin Sinha, C. J., P. Sam Koshy, J.
Rohit Panchram Sahu v. Union of India and Another
Headnote: Read headnote
1. The Petitioner assails notice inviting tender (hereinafter referred to as 'NIT' ) dated 13.1.2016 and the consequent directions to proceed under the earlier tender notice dated 19.8.2015 with regard to the parking stand for four - wheelers at the Raipur Railway Station for a duration of three years.
2. Learned Counsel for the Petitioner submits that from the information obtained by it under the Right to Information Act, dated 2.12.2015 it transpires that he was the highest amongst the three bidders. Prior to the same on 30.10.2015, his tender documents were found to be wanting with regard to solvency certificate and turn over certificate. It was submitted within 21 days as directed. Rejection of the tender on the ground that the documents were required to be submitted along with original offer was therefore not justified. The next submission was that once an NIT is published, it is required to be taken to its logical conclusion in accordance
Cancellation of a tender must adhere to principles of transparency and valid justification under Article 14 of the Constitution.
The tendering authority can cancel a tender for a single bidder if it serves public interest by ensuring greater competition.
Section 14 of Act reads as general rejection of tenders.
The authority may cancel a tender without reason if lack of competition is evident; bidders have no enforceable rights without formal acceptance of their bids.
Public authorities must ensure transparency and fairness in tender processes, adhering to legitimate expectations and justifiable reasons for actions affecting bidders.
Master Marine Services (P) Ltd. v. Metcalfe & Hodgkinson (P) Ltd.
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Read summaryTata Cellular v. Union of India
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