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2026 Supreme(Online)(P&H) 90625

IN THE HIGH COURT OF DELHI AT NEW DELHI


W.P.(C) 1234/2023


ABC Pvt. Ltd. ...Petitioner
Versus
Union of India & Ors. ...Respondents


CORAM: HON'BLE MR. JUSTICE XYZ


Date of Decision: 15.10.2023



JUDGMENT

1. The petitioner has approached this Court seeking a writ of certiorari to quash the impugned order dated 01.01.2023 passed by the Respondent No. 2.

The facts of the case are as follows:

2. The petitioner is a company incorporated under the Companies Act, 2013, engaged in the business of software development.

i) The petitioner submitted its bid on 10.05.2022.

ii) The bid was rejected on technical grounds.

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3. It is submitted by the learned counsel for the petitioner that the rejection was arbitrary and contrary to the terms of the tender document.

The Respondent has filed a counter-affidavit stating that:

4. The petitioner failed to provide the requisite experience certificate as mandated in Clause 4.2 of the RFP.

LEGAL ANALYSIS

5. Having heard the parties and perused the record, this Court finds that the tender conditions must be followed strictly.

6. In the case of State of Haryana v. Rajesh Kumar1AIR 2010 SC 1234, it was held that the authority is not bound to relax the terms of the tender for a particular bidder.

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