Judicial Restraint in Tender Disputes: Gauhati High Court Rejects Fraud Allegations in Public Procurement - 2026-06-09

Gauhati High Court Upholds Tender Finality, Citing Limits of Judicial Review

In a significant ruling for public procurement in the Northeast, the Gauhati High Court has reaffirmed the principle of "judicial restraint" in commercial and contractual matters. Presided over by the Honourable Mr. Justice Nelson Sailo, the court dismissed a petition filed by M/S FS and T Electricals, which sought to challenge a government contract awarded to a competitor, M/S GK FISCON-IDEAS JV.

The Conflict: A Tender in Dispute

The dispute centered on the "Strengthening of Transmission & Transformation system for Sustainable Power Supply in Mizoram under NESIDS (OTRI)." Following an initial NIT that saw a single bidder, the state authorities opted to re-tender to ensure competition. M/S FS and T Electricals submitted a bid through a Joint Venture, but the Power and Electricity Department rejected it, citing a failure to demonstrate the necessary average annual financial turnover of ₹14.36 crores, as the joint venture agreement uploaded failed to include signatures from all consortium partners.

The petitioner subsequently approached the High Court, alleging that the selection process was biased, that the chosen competitor’s bid security (FDR) was invalid, and that the bank guarantee submitted was a forged document.

Arguments from the Trenches

Counsel for the petitioner argued that the omission of signatures on the joint venture agreement was a technicality that should have been clarified by the authorities rather than serving as grounds for summary rejection. Furthermore, the petitioner contended that the respondent authorities violated procurement norms by allowing the competitor’s EMD to be carried forward and by removing specific clauses that allegedly favored the winning bidder in a "collusive" effort.

Conversely, the State of Mizoram, represented by the Advocate General, defended the decision, asserting that the tender process was transparent and aimed at securing the best possible competition. The state argued that the petitioner’s bid was rightly found non-responsive due to financial ineligibility, and that the court should not override an expert body's evaluation of purely commercial, technical criteria.

Legal Analysis: The Limits of the Court

The Court’s analysis relied on a robust line of precedents, including the Supreme Court’s rulings in M/s N.G. Projects Limited vs. M/s Vinod Kumar Jain & Ors. (2022) and M/s Silppi Constructions Contractors vs. Union of India & Anr. (2020). Justice Sailo emphasized that judicial review is restricted to the "decision-making process" rather than the "soundness of the decision" itself.

The Court held that because the petitioner failed to upload the complete, signed agreement as part of their initial tender submission, they could not later rely on the document to establish "financial soundness" before the High Court. Justice Sailo characterized these subsequent submissions as an "afterthought."

Regarding allegations of forgery, the Court examined the nature of the bid security and found that the acceptance of an FDR—consistent with a decision made during a pre-bid meeting—was a valid procedural exercise of discretion by the Department, thus dismissing the request for a criminal inquiry under the BNSS.

Key Observations

> "The role of the Court is limited to examination of the decision making process and not the decision itself."

> "The petitioner failed to demonstrate its financial soundness to the satisfaction of the tender authority and the decision taken could not be said to be arbitrary."

> "Courts should give way to the opinion of the expertise unless the decision is totally arbitrary or unreasonable. If two interpretations are possible, the interpretation of the employer must be accepted."

The Verdict: Finality in Procurement

The High Court dismissed both the writ petition and the interlocutory application, essentially declaring that courts should not turn into commercial auditors. The ruling serves as a stern reminder to contractors that tender documentation must be complete at the point of submission. Future cases of this nature will likely continue to face a steep hurdle, as the judiciary reinforces that unless a procurement decision is proven to be completely arbitrary or mala fide, the state's discretion remains supreme.