Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Tenders – Appellant-Corporation |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Tenders – Appellant-Corporation issued NIT for appointmentof agency to carry out “Municipal Solid Waste Door to DoorCollection and Transportation” – Bids were invited following a twoenvelope system i.e. a technical bid and a financial bid – Technicalbids of the parties were analysed thoroughly by a technical expertand marks were awarded as per specif ications of the NIT –Global Waste Management Cell Private Limited (GWMC) scoredhighest marks based on technical and financial weighted scoresand hence was awarded the contract – Aggrieved, the unsuccessfulbidder (respondent no.1) filed writ petition – High Court allowedthe same and set aside the contract awarded in favour of GWMC –On appeal, held: As a decision was qualitatively arrived at by thetechnical expert respondent no.2, the High Court need not havegone into the merits of such decision as an appellate authority,especially when there was no bias or malafide – There was noillegality, arbitrariness, irrationality or unreasonableness on thepart of the expert body while in action – Moreover, the decisionwas taken keeping in mind the public interest and work experienceof the successful bidder – In absence of any document evidencingthe experience in the field in question in favour of respondent no.1,the High Court was not right in increasing the marks under thehead of number of years of experience and expertise – High Courtwas also not justified in increasing the marks for responsiveness,as respondent no.1 had suppressed the fact that it had receivedshow cause notices from various municipal corporations and thus,High Court ignored the element of public interest involved in thematter – Further, the method for evaluation of the financial bid asapplied by the High Court was also not proper and was illogical,which led to unreasonableness and travesty of justice – Solid WasteManagement Rules, 2016 – r.22. |
Judge | N/A |
Neutral Citation | 2018 INSC 268 |
Petitioner | Municipal Corporation, Ujjain & Anr. |
Respondent | Bvg India Limited And Ors. |
SCR | [2018] 6 S.C.R. 899 |
Judgement Date | 2018-03-28 |
Case Number | 3330 |
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