HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 21716 OF 2025

O R D E R:

Petitioner, a company registered under the Companies Act, 2013 and classified as an MSME under Registration ID UDYAM-KR-03-0046748, is engaged in major railway infrastructure works and executed various projects for Indian Railways including Respondent’s zone. It is contended that disqualification of its bid for Tender No. CSGC 365399 dated 07 February 2025 for works under South Central Railway, is impermissible under the tender terms and conditions, and that disqualification was issued through a non-speaking order on the IREPS portal stating only “not fulfilled eligibility criteria” without any opportunity of being heard. Petitioner alleges mala fides and bias in view of past acceptance of identical documents by the same Respondent even after providing clarifications on the technical bid.

1.1. It is asserted that on 04.12.2024, Petitioner Company converted from Private Limited to Public Limited and its name changed as E To E Transportation Infrastructure Limited, registered with the Ministry of Corporate Affairs vide Corporate Identity Number U45201KA2010PLC052810. On 20.12.2024, Petitioner issued a formal communication titled “TO WHOMSOEVER IT MAY CONCERN” informing all the concerned about the change in name and legal status, clarifying that daily operations, agreements, obligations, contracts, certifications, empanelment’s and commitments remain unaffected, consistent with Section 18(3) of the Companies Act, 2013 which protects continuity of legal identity irrespective of such conversion.

1.2. On 07.02.2025, February 2025, Respondent No. 3 issued an Open Tender with Two Packet System under Tender No. CSGC 365399 for “Outdoor Signalling Works at KZJ Yard in Connection with the 3rd Line works in KZJ-BPQ Section. It is stated that Tender Document carried value Rs. 216,165,980.73 and earnest money Rs. 1,230,800.00 with offer validity 120 days and bidding schedule from 01.04.2025 to 15.04.2025 at 15:00 hrs. Corrigendum No. 1 dated 01.03.2025 changed the closing date to 31.03.2025 at 15:00 and bidding start to 17.03.2025. Corrigendum No. 2 dated 14.03.2025 further revised the closing date to 15.04.2025 at 15:00 and bidding start to 01 April 2025. It is stated that Corrigendum No. 3 dated 31.03.2025 revised EMD from Rs. 1,259,100.00 to Rs. 1,230,800.00 and advertised value from Rs. 221,819,282.53 to Rs. 216,165,980.73. It is stated that on 08.04.2025, HDFC Bank issued EMD Bank Guarantee BG No. 009GT02250980012 for Rs. 12,30,800.00 corresponding to revised EMD.

1.3. Petitioner states that on 15.04.2025, Petitioner submitted its comprehensive Techno-Commercial Bid for Tender No. CSGC 365399, marking “Complied” under all technical eligibility criteria and uploading multiple work completion certificates, LOAs, BOQs, company details and the Company status change intimation. All the requisite documents were duly submitted and the complete checklist fulfilled. On 15.04.2025, Respondent No. 3 issued another Tender No. CSGC 365400 for “Comprehensive Signalling and Telecommunication Works for Provision of Automatic Block Signalling System in Asifabad Road-Rechni Road and Hasanparthi Road-Nekonda Sections. On the same day, another Tender No. CSGC 365401 was issued for “Comprehensive Signalling and Telecommunication Works for Provision of Automatic Block Signalling System in Errupalem-Khammam Section”.

1.4. It is stated, on 17.07.2025 at 17:29 IST, Petitioner received e mail from IREPS stating its Techno-Commercial Bid had been declared “technically unsuitable” for “Not fulfilled eligibility criteria” with no further detail or opportunity of hearing. On 17.07.2025, Petitioner immediately submitted a Clarification Letter protesting the rejection as arbitrary and asserting full compliance with all the technical, financial and bid capacity criteria, and highlighting past acceptance of similar credentials by Indian Railways including an ongoing 58 Crore contract with Res