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2025 Supreme(Online)(Del) 6667

IN THE HIGH COURT OF DELHI AT NEW DELHI
TUSHAR RAO GEDELA, J
A2Z INFRA ENGINEERING LIMITED – Appellant
Versus
BHARAT SANCHAR NIGAM LIMITED – Respondent


Advocates:
For the Petitioners: Mr. Puneet Agarwal, Ms. Sakshi Bisht, Mr. Yuvraj Singh, Mr. Chetan Kumar Shukla
For the Respondents:Ms. Nalin Kohli, Senior Advocate, Ms. Leena Tuteja, Ishita Kadyan, Mr. Manish Paliwal, Mr. Nilava Bandopadhyay, Mr. Adhip Kumar Ray, Mr. Sahil Kumar Purvey, Mr. Vivek Chib, Senior Advocate with others

Table of Content
1. challenge to tender decisions involves examination of consortium claims. (Para 5)
2. government has discretion in interpreting tender documents. (Para 12 , 14)
3. competence of tender authority to determine eligibility is emphasized. (Para 17 , 19 , 20)
4. tender authority's interpretive power over eligibility criteria (Para 18 , 24)
5. petition dismissed for lack of evidence on consortium existence. (Para 30)

2. As per the petitioner, BSNL issued Tender No. MM/BNO&M/BN-III/T-791/2024 on 15.02.2024 for Development (Creation, Upgradation, and Operation & Maintenance) of the middle mile network of Bharat Net on Design, Build, Operate and Maintain (DBOM) Model (hereinafter referred to as “Tender 2024”). The Tender 2024 consisted of work in sixteen (16) packages corresponding to different States and Union Territories in the country. The total contract value of the tender is approximately Rs.65,000 crores. The project is of national importance as it envisages laying of the infrastructure for broadband connectivity in the rural areas of the country, including its operations and maintenance for the next ten years.

3. The packages in the Tender 2024 are classified into two bro

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