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HIGH COURT OF KERALA
V. G. Arun, J
K H INFRA STRUCTURE & BUILDERS PVT. LTD., – Appellant
Versus
STATE OF KERALA – Respondent
WP(C)/28260/2022
Tender - Pre-qualification - Act Section List - The writ petition challenged the rejection of a bid due to technical issues in document submission. The court clarified the evaluation process and directed compliance with tender norms after confirming the petitioner met requirements.
Fact of the Case:
The petitioner’s bid was initially rejected due to alleged document submission failures, prompting a writ petition. During the proceedings, the bid evaluation committee reassessed the situation, finding that documents were ultimately submitted successfully but were affected by a technical defect.
Finding of the Court:
The court noted that the committee's re-evaluation showed the petitioner had indeed submitted the required documents and met the pre-qualification criteria, overturning the initial rejection and allowing the bid to proceed.
Issues: Whether the petitioner’s bid was rightly rejected due to document submission issues and if the subsequent re-evaluation was appropriate.
Ratio Decidendi: The court emphasized that technical issues should not unjustly affect the qualification of bids and that procedural fairness must be upheld in tender evaluations.
Final Decision: The writ petition is closed, and the respondents are directed to evaluate the petitioner’s price bid under the applicable norms.
JUDGMENT
Dated this the 01st day of November, 2022 The writ petition is filed raising a grievance that, in spite of being fully qualified, petitioner’s bid was rejected on the premise that the petitioner had failed to upload the requisite documents.
2. it is informed that, pending this writ petition, the bid evaluation committee had a re-look into the matter and found that, although petitioner had uploaded all requisite documents, some of the documents were not forwarded due to a technical defect in the price software. Hence, the per-qualification previously done was reversed and the petitioner’s documents uploaded. Thereafter, the petitioner's documents were verified and evaluated in accordance with the prevailing norms and the petitioner was found to had submitted necessary documents and had got sufficient marks to be pre-qualified. Thereupon, the petitioner was declared as pre-qualified. In view of the above development, the petitioner’s grievance stands substantially allayed.
The writ petition is accordingly closed, directing the respondents to proceed with the tender in accordance with Ext.P1 Notice Inviting Tender. Having found the petitioner to be pre- qualified, its price bid should necessarily be evaluated.
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