NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5479 of 2025

1 - M/s Ramsaran Singh Projects Llp (A Class Civil Contractor), A Limited Liability Partnership Firm, Shanti Nagar Sukma Through Its Partner Shri Ramsharan Singh Bhadoriya, S/o Shri Rajbahadur Singh Bhadoriya, Aged About 69 Years, R/o Ward No. 10 House No. 56, Shanti Nagar, Sukma, District Sukma (C.G.)

2 - Ramsharan Singh Bhadoriya, S/o Shri Rajbahdur Singh Bhadoriya, Aged About 69 Years R/o Ward No. 10 House No. 56, Shanti Nagar, Sukma, District Sukma (C.G.) ... Petitioners versus

1 - Wapcos Limited A Government Of India Undertaking, Through Its Chief Engineer, Construction Management Unit- Iii, 1st Floor, Plot No. 148, Sector-

44, Gurugram Haryana- 122003

2 - The Chairman-Cum- Managing Director, Wapcus Limited, 76-C, Institutional Area, Sector-18, Gurugram Haryana- 122015.

3 - National Education Society For Tribal Students (Nests) Through Its Director, Ministry Of Tribal Affairs, Government Of India New Delhi.

4 - Shri Balaji Constructions, (Engineers And Contractors), C/o Hariom Medical Agency, Medical Complex, Telipara, Bilaspur, District Bilaspur (C.G.)

VED PRAKASH DEWANGAN

5 - Shreeji Krupa Project Ltd., 303, Iscon Mall, Near Big Bazar, 150 Ft. Ring VED PRAKASH DEWANGAN Date: 2026.03.19 11:07:05 +0530 Road, Rajkot, Gujarat- 360001

6 - The Chief Engineer (Cmu- Iii) Wapcos Limted (Psu Under Ministry Of Jal Shakti) Npcc Building, 1st Floor, Plot No. 148, Sec.- 44, Gurugram, Haryana.

... Respondents (Cause title taken from Case Information System)

For Petitioners : Mr. B.P. Sharma and Mr. Vivek Shrivastava, Advocates For Respondents No. 1, 2 : Mr. Santosh Tripathi, Senior Advocate and 6 (through virtual mode) along with Mr.

Shivank Mishra and Mr. Tushar Sannu, Advocates For Respondent No.3 : Mr. Tushar Dhar Diwan, Central Government Counsel For Respondent No. 4 : Ms. Hamida Siddiqui, Advocate For Respondent No. 5 : Mr. Yogendra Chaturvedi, Advocate Hon'ble Shr i Ramesh Sinha, Chief Justice Hon'ble Shri R avindra Kumar Agrawal , Judge Judgment on Board Per Ramesh Sinha, Chief Justice

12/03/2026

1.

The present writ petition under Articles 226 and 227 of the Constitution of India has been filed by the petitioners calling in question the legality, validity and propriety of the e-mail communication dated 10.10.2025 issued by respondent No.1 through respondent No.6, whereby the bid submitted by petitioner No.1 in response to the Notice Inviting Tender (NIT) for the work of “Construction of Eklavya Model Residential School (EMRS) at Kanker (C.G.)” has been declared technically disqualified. As per the impugned communication, the bid of the petitioners has been rejected on the ground that the bank guarantee furnished by the petitioners towards bid security was valid only upto 18.10.2025, whereas in terms of the NIT the bid security was required to remain valid for a period of 45 days beyond the final bid validity period i.e. upto 04.01.2026. The petitioners contend that the action of the respondent authorities is arbitrary and discriminatory inasmuch as the bid submitted by respondent No.4 has been declared technically qualified even though the bank guarantee furnished by respondent No.4 was also not valid up to the required date and was valid only up to 02.01.2026. It is the case of the petitioners that both the petitioners and respondent No.4 were placed on the same footing with regard to compliance of the tender condition relating to validity of the bank guarantee, yet the respondent authorities have adopted a differential treatment by disqualifying the petitioners while permitting respondent No.4 to proceed further in the tender process, which according to the petitioners amounts to violation of the principles of equality and fairness embodied under Article 14 of the Constitution of India.

2.

The present petition has been filed by the petitioners seeking the following reliefs:-

“A. A writ and/or an order in the nature of writ of mandamus do issue calling for the records of case pert