Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Tender: Notice of tender for construction of Veterinary Construction Building |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Tender: Notice of tender for construction of Veterinary Construction Building - Requiring submission of documents within 6 days - Non-acceptance of bid sent three days after the last date of receiving the documents - Bid of lowest bidder sending documents in time accepted - Quashing of, sought on ground of insufficiency of time for submitting tender papers -Justification-Held: Not justified, as no prejudice was caused to anyone due to time schedule provided by University - Plea of unsuccessful bidder that he could not submit documents in time as he was undertaking various construction work and that he came to know about tender only on last day cannot be accepted as apse was due to his own fault - There was no arbitrariness in decision of University in accepting bid of successful bidder as it was lowest, reasonable and valid - Plea of fresh tender process on ground of saving of public money, not tenable as delay in avoiding contract would only mean increase in cost of construction. Administrative Jaw: Interference with tender selection process by High Court - Scope ofA tender notice was issued by the Respondent 2- University on 21.11.2008 inviting tenders for construction of Veterinary College Building. The tender notice was widely advertised in the largest local daily and also published on the internet. The notice required the bidders to send the pre-qualification documents by 27 .11.2008 and 'online' submission of price bid by 28.11.2008. Three bids were received out of which one did not fulfil the requisite criteria. Out of the remaining two, the bid of appellant was the lowest. Since the bid of respondent 1 was sent on 1.12.2008 i.e. three days after the last date of receiving these documents by the University, the bid of respondent 1 was not opened and was not taken into consideration. Respondent 1 filed a writ petition before the High Court praying for quashing the decision of respondent 2- University by considering the respondent 1 as disqualified from participating in the tender selection process. The High Court held that the University acted arbitrarily in requiring the pre-qualification document$ to be sent physically so as to reach the University by Speed Post by· 27:11.2'008, inasmuch as it meant that the contractor -had to send pre-qualification documents by the aforesaid ~ode by dispatching 'the. same latest by 25 11.200 Consequently, the writ petition was allowed and the decision o·f the respondent no. 2 - University accepting the .bid of the appellant was quashed and set aside With.a further direction to the University to issue a fresh tender notice with the same terms and conditions but also provide seven days time for submitting the pre- qualification documents after the end date for downloading the bid documents. Aggrieved appellant filed the present appeal. |
Judge | Hon'ble Mr. Justice Mukundakam Sharma |
Neutral Citation | 2009 INSC 231 |
Petitioner | M/s. Sorath Builders |
Respondent | Shreejikrupa Buildcon Limited & Anr. |
SCR | [2009] 2 S.C.R. 893 |
Judgement Date | 2009-02-20 |
Case Number | 1127 |
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