Order on Board

Per Ramesh Sinha , Chief Justice

13/03/2026

1 Heard Mr. Manoj Paranjpe, learned Senior Advocate assisted by Mr. Shikhar Shrivastava and Mr. Akshat Agrawal, learned counsel appearing for the petitioner, Mr. Ramakant Mishra, learned Deputy Solicitor General for the Union of India/respondent No. 1, Mr. Prafull N Bharat, learned Senior Advocate assisted by Mr. Pankaj Singh, learned counsel for the respondents No. 2 to 4 as well as Mr. B.P.Sharma, Mr. M.L.Sakat and Mr. Raza Ali, learned counsel for the respondent No. 5.

2 By this petition filed under Article 226 of the Constitution of India, the petitioner seeks for the following relief(s):

“i. Issue an appropriate writ, order, or direction, quashing and setting aside the impugned order/technical evaluation (Annexure P-1) i.e. decision of Respondent No. 3 & 4, rejecting the bid of the Petitioner; and

ii. Issue an appropriate writ, order, or direction directing Respondent No. 3 & 4, to reconsider and re-evaluate the technical bid of the Petitioner in a fair, objective, and reasoned manner, strictly in accordance with the terms and conditions of NIT and applicable law; and/or

iii. Pass any other order it may deem fit and proper in the present circumstances in the interest of justice. .”

3 The facts, as projected by the petitioner are that the petitioner is a leading infrastructure and real estate Company engaged in infrastructure development, real estate, mining and logistics business. The Respondent No. 3 issued an E-Tender Notice bearing NIT No. SECL/ BSP/CMC/eTender/KRB/BAG/Trial-CM/25-26/615 dated 29.04.2025 (for short, "the NIT") for the work of "Introduction of 01 no. of Newly Developed Low Height Indigenous Continuous Miner/Similar Equipment with Continuous Cutting Technology on hiring basis for winning coal without blasting for depillaring operation for 8 APP @0.48 MTY at Bagdewa UG Mine of Korba Area of SECL”.

4 On 14.07.2025, the petitioner participated in the aforesaid tender issued by respondent No. 3 and duly submitted its technical as well as financial bids on the GeM Portal, in accordance with the prescribed terms and conditions of the tender. Subsequently, the tendering authority pointed out certain shortcomings relating to the submission of documents forming part of the bid, specifically under Clause 7 B(7)(b) and (c) of the NIT. Upon due consideration of the deficiencies highlighted by the tendering authority, the petitioner submitted all the requisite documents in compliance with the tender requirements within the stipulated time, which was duly taken on record by the tendering authority and recorded in the Impugned order/Technical Evaluation Summary (Annexure A-1). The documents submitted by the petitioner included its self-certification in compliance with Clause 7B(7)(c) vide letter dated 22.11.2025 addressed to respondent No. 4, stating that the proposed equipment to be deployed is newly developed and has not been previously deployed at any mine of Coal India Limited, its subsidiaries, or any other mine in India. The petitioner further submitted a Local Content Certificate dated 22.11.2025 issued by statutory/cost auditor in compliance with Clause 7B(7)(b) confirming 57.23% of local content in the proposed equipment meeting the local content requirement for 'Class-I local supplier' as prescribed under Public Procurement (Preference to Make in India) Order, 2017. The petitioner, vide its letter dated 22.11.2025, also forwarded a comprehensive and detailed clarification received from the equipment manufacturer, namely M/s Sandvik Mining and Rock Technology India Pvt. Ltd. (for short, "the OEM"), vide its communication dated 20.11.2025. The said clarification elaborately explained and substantiated that the proposed equipment is newly developed product, specifically designed and engineered for the subject tender, and further reaffirmed that the proposed equipment has not been deployed in any other mine. Thereafter on 09.01.2026 at 01:50 p.m. the petitioner r