Public authorities in tendering processes must ensure fairness and transparency; disqualifying a bidder by sending crucial communications to an incorrect email address and applying inconsistent technical standards to identical documents is arbitrary and violates Article 14 of the Constitution of India.

Order on Board

Per Ramesh Sinha , Chief Justice

1. Heard Mr. Ashutosh Mishra, learned counsel for the petitioner. Also heard Mr. Shaleen Singh Baghel, learned Government Advocate, appearing for State/respondent No.1, Mr. Raghvendra Pradhan, learned counsel appearing for respondent No.2 as well as Mr. Jitendra Pali, learned counsel appearing for respondent No.3.

2. The present petition has been filed by the petitioner with the following relief(s):-

“10.1. Issue a writ of certiorari or any other appropriate writ, order or direction quashing the action of the respondents in disqualifying the petitioner's bid and in awarding the contract under Tender No. 176873 dated 23.09.2025 to Private Respondent;

10.2. Issue a writ of mandamus directing the respondents to open and evaluate the petitioner's financial bid and to finalize the tender strictly in accordance with law and the tender conditions;

10.3. Pass any other order(s) or direction(s) as this Hon'ble Court may deem fit and proper in the interest of justice.”

3. Brief facts of the case, in a nutshell are that the petitioner is a B-Class registered civil contractor, regularly engaged in execution of Government construction works through participation in public tenders floated by various State authorities. Respondent No.1 – Chhattisgarh State Medical Services Corporation Limited invited an e-tender dated 23.09.2025 for the work of “Construction of Primary Health Care Centre Kotba to 50-Bedded Hospital at Block Patthalgaon, District Jashpur including Internal Water Supply, Sanitary Fittings and Electrification Works”, bearing Tender No. 176873, with an estimated project cost of ₹400.98 lakhs. The bid submission period commenced on 30.09.2025 at 17:30 hours and closed on 23.10.2025 at 17:30 hours, with the scheduled date for opening of bids fixed as 24.10.2025. The petitioner, strictly in accordance with the tender terms and conditions, duly submitted his bid on 13.10.2025, along with all requisite documents, certificates and eligibility credentials. The petitioner quoted 9.9% below the estimated cost, thereby offering the most competitive and financially advantageous bid to the State.

4. However, on 05.01.2026 at about 17:14:14 hours, when the financial bids were opened, it was reflected on the portal that one Hitesh Suryvanshi was declared the lowest bidder with a quoted rate of 9.2200% below, despite the petitioner having quoted 9.9% below, which was lower and more beneficial to the Government. To the utter shock and surprise of the petitioner, it was revealed that the financial bid of the petitioner was never opened at all, despite being the lowest bidder.

5. Later on the same day, i.e., 05.01.2026 at around 05:40 PM, the petitioner received an email from the respondent-department stating that his bid had been disqualified/rejected on the vague and cryptic ground that “clarification has not been given by the bidder”.

6. It is further pertinent to mention that the petitioner had also participated in another tender of the same department bearing Tender No. 176875 for the work of Construction of Staff Quarters at 100-Bedded MCH Building, Raigarh District, which was submitted on the very same date, i.e., 13.10.2025, using the same set of documents, certificates and eligibility credentials. In the said Tender No