The integrity of the tender process must be maintained, but procedural errors alone do not justify overturning a decision when no malafide intent is proven.

ORDER :

D.Bharatha Chakravarthy, J.

This Writ Petition is filed for a Certiorarified Mandamus calling for the entire records relating to the order, dated 08.02.2026 passed by the first respondent herein, to quash the same and consequently, direct the first respondent to award the contract to the eligible and lowest bidder as on 24.11.2025.

2. Upon hearing Mr.Om Prakash, learned Senior Counsel for the petitioner and perusing the material records of the case, the grievance of the petitioner is that the first respondent called for e-tender under Two Cover System in respect of the work namely, formation of the road from Barigam to Malaiyur in Nallampalli block of Dharmapuri district. The value of the work was fixed at Rs.10,28,00,000/- and the bidders were supposed to deposit an E.M.D amount of Rs.10,28,000/-. The tender was published and the last date for submission of the tender as per the original schedule was upto 15:00 hours from 29.09.2025 to 30.10.2025. In the tender document, it is mentioned that the opening of online bid documents will be on 30.10.2025 from 16:00 hours onwards.

3. Further, clause - 3, relating to salient features of the tender, it is categorically mentioned in (v) that the date, time and place of opening of the technical bid as that the bids will be opened online by the various officers on 30.10.2025 from 16:00 hours onwards at the office of the Joint Director/Project Director, D.R.D.A, Dharmapuri district. In the next row, it is mentioned that the original affidavit shall be submitted within 48 hours from the date and time of the opening of the technical bids submitted to the Joint Director/Project Director, D.R.D.A, Dharmapuri district.

4. The Clause - 11.3 reads as follows:-

“11.3 Submission of Original documents a. The bidders are required to submit, (i) Scanned copy of Online Earnest Money Deposit payment receipt (ii) original affidavit regarding correctness of information furnished with bid document. These documents should reach the DRDA, Dharmapuri within 48 hours of the opening of technical qualification part – 1 of the Bid, either by registered post or by hand, failing which the bids will be declared as non-responsive.”

5. It is the case of the petitioner that as per the original notification, the technical bids were opened on 30.10.2025 and all the bidders, including the petitioner, submitted the original affidavit as per clause – 11.3, except the second respondent herein. On 24.11.2025, a summary was also uploaded that the tender of the petitioner was accepted after scrutiny and with reference to the technical bid of the second respondent, it was declared to be non-responsive. Once the summary was uploaded, it is believed that the respondents had opened the price bid also on the same day i.e., on 24.11.2026. However, when the website remained unresponsive in uploading the financial opening details, on 25.11.2025, the second respondent filed a Writ Petition before this Court and got an interim order of stay.

6. It was the contention of the second respondent that the first respondent did not open the technical bid on 30.10.2025 for the reasons best known to them and they postponed the same. It was further contended that it was opened only on 24.11.2025 and when the petitioner was ready with the affidavit and had dispatched the same, still, they have uploaded the scrutiny details on the same day as if the petitioner did not submit the original document. Without giving 48 hours time, as per clause – 11.3, the first respondent committed an error. On the said case being projected by the petitioner, the Court granted an interim orde