Technical bid non-responsive for missing mandatory physical affidavit; no evaluation or appeal period applies; limited judicial interference in tenders.

JUDGMENT :

M. JOTHIRAMAN, J.

Under assail is the order passed in WP.(MD)Nos.31177, 29540, 31178, 31176, 31179, 31175 and 29467 of 2025 dated 12.02.2026.

2.The appellant herein is the writ petitioner/Class-1A contractor has challenged the rejection of technical bid dated 11.10.2025 with regard to the seven packages. It is the case of the writ petitioner that the first respondent/The Joint Director / Project Director, District Rural Development Agency (DRDA), Aranthangi Panchayat Union, Pudukkottai District had invited E-bid for construction of 132 houses for Sri Lankan refugees for 2025-2026 under two cover system for seven packages. The notification was issued on 19.09.2025. The last date for online submission of tender was fixed on 03.10.2025, at 03.00 pm. The date and time for opening of the online tender was fixed at 05.00 pm, on 03.10.2025. The writ petitioner had submitted the tender for all seven packages. The tender bids were opened on 03.10.2025. After evaluation, the technical bids of the writ petitioner for all the seven packages were rejected under seven separate impugned orders, on 11.10.2025. The price bid of the fifth respondent in all writ petitions has been accepted on 11.10.2025. Hence, the writ petitions were filed.

3.The learned Writ Court, dismissed all the writ petitions by a common order dated 12.02.2026 on the ground that the technical bid was not even subjected to evaluation in view of non-filing of physical document as contemplated under Clause 9.3 of the tender document and therefore, the authorities have declared that the technical bid of the writ petitioner as non-responsive.

4.The learned Senior Counsel appearing for the appellant would submit that the first respondent invited E-tender for construction of combined house in Aranthangi Panchayat Union. The tender stipulated two cover system, requiring bidders to submit their technical qualifications and financial bids in separate sealed covers. The bid submission window was open from 22.09.2025 10.00 am to 03.10.2025 03.00 pm. The writ petitioner submitted his bid online on 03.10.2025 at 12.19 pm and the portal generated a bid acknowledgment at 12.20 pm confirming successful submission. The writ petitioner quoted a total bid amount of Rs.1,31,35,274.78/-. The system recorded the bid and the writ petitioner also uploaded a comprehensive set of documents. On 11.10.2025, at about 05.45 pm, the writ petitioner found from the e- Procurement portal that his bid status was shown as “Rejected-Technical” with no reason assigned.

5.He would further submits that the impugned rejection order is completely unreasoned and non-speaking order. No document or evaluation sheet was uploaded to justify the rejection and no notice, deficiency intimation or opportunity to clarify any alleged defect in the technical documents was given to the writ petitioner, before opening of financial bid at 05.30pm. The rejection order was posted on the portal at 05.00 pm. The finacial bid opening date for the qualified bidders was scheduled for the very same day at 05.30 pm. It is practically impossible for the writ petitioner to seek clarification or protest the decision. The impugned rejection order passed by the first respondent violates the Tamil Nadu Transparency of Tenders Act, 1998 and Rules 2000. The writ petitioner submitted physical cover on 04.10.2025, but the respondents checked the physical cover only on 11.10.2025 and wantonly rejected the bid on 11.10.2025 claiming