Tender process violating minimum bid period rules not quashed if contract completed and expiring, directing fresh tender instead.

ORDER

This writ petition has been filed challenging the tender notification dated 28.02.2026 issued by the respondent and published on the official website on 04.03.2026. The sole ground of challenge is that the value of the tender exceeds Rs.1 crore and the mandatory minimum period of 15 days for submission of bids has not been provided, in violation of Rule 20 of the Tamil Nadu Transparency in Tender Rules, 2000.

2.This Court, by order dated 10.03.2026, issued notice to the respondent, returnable by 24.03.2026, and also permitted private notice. By way of an interim order, the respondent was restrained from finalizing the tender process. In the meantime, the technical bids were opened on 10.03.2026, and the work order came to be issued on

13.03.2026 in favour of the successful bidder.

3.The respondent has placed on record the postal acknowledgment to establish that the interim order granted by this Court was communicated only on 17.03.2026, by which time the tender process had already been completed and the work order had been issued. The contract awarded to the successful bidder is for a period of four months, expiring on 12.07.2026.

4.The proceedings of the superior authority reveal that instructions were issued to call for a short-term tender for providing round-the-clock essential monitoring of activities during the commissioning of systems, such as Mill Point, Ash Handling System, Internal Coal Handling Plant including stacker-cum-reclaimer and bulldozers, and External Coal Handling Plant including shore unloaders, as well as assisting the trial run of the said equipment, for a period of 120 days.

5.A perusal of the said proceedings further reveals that, except for directing the tender inviting authority to call for a short-term tender with a period of 7 days for submission and opening of bids, no reasons have been recorded for reducing the period from 15 days to 7 days.

6.Therefore, on the face of it, the tender process is in violation of Rule 20 of the Rules. However, it is an admitted position that the tender process has been completed, the work order has been issued, and the successful bidder is presently executing the work. The term of the contract is valid only up to 12.07.2026. In such circumstances, no useful purpose would be served by quashing the impugned tender notification, as the respondent would be required to initiate a fresh tender process, by which time the existing contract period would, in any event, come to an end.

7.Accordingly, this writ petition is disposed of with a direction to the respondent to issue a fresh tender notification for the very same work and complete the tender process on or before 30.06.2026, so as to enable commencement of the contract from 12.07.2026 onwards. It is made clear that the respondent shall not extend the contract awarded in favour of the present successful bidder under any circumstances. The respondent shall ensure that the fresh tender notification is issued strictly in conformity with the provisions of the Tamil Nadu Transparency in Tender Act, 1998 and the Rules, 2000 framed thereunder. No costs. Consequently, the connected miscellaneous petitions are closed.