| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Kashmir Zone online tenders supply of various types of commercial vehicles Inspector General of Police Tenders |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case(s) Referred | Referred Case 0 Referred Case 1 |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Disposed Off |
| Headnote | Tenders – Inspector General of Police, Kashmir Zone invitedonline tenders from reputed transporters, registered firms/associations for the supply of various types of commercial vehicles(without fuel) for the carriage of troops and equipment for theFinancial Year 2020-2021 – Four parties submitted their bids –The Tender Opening Committee found that respondent no. 1 did notmeet the qualifying requirements of the technical bid – The appellantfulfilling the requirements and being the lowest bidder, was allottedthe contract for the supply of commercial vehicles – Writ petition byrespondent no. 1 – The Single Judge of the High Court found thatthe appellant fulfilled the eligibility condition of holding a validservice licence; 31 vehicles were owned by the appellant, anothereligibility condition was satisfied – Insofar, eligibility criteria ofhaving work experience was concerned, the Single Judge of theHigh Court held that since the tendering authority was the bestjudge as to whether such eligibility condition had in fact beensatisfied, a judicial hands-off was mandated – Thus, all the threecontentions of respondent no. 1 raised against the appellant wererejected by the Single Judge of the High Court – However, theDivision Bench of the High Court held that the respondent no. 1having satisfied condition no. 31 of N.I.T was wrongly disqualifiedby the tendering authority – The Division Bench of the High Courtheld that the expression ‘HMV/ LMV’ meant that there was an optionof furnishing the particulars of either HMVs or LMVs or both typesof vehicles and the respondent no. 1 had submitted bid accordingly– The action of the officials in rejecting the bid of respondent no. 1on the ground of non-furnishing of list of both types of vehicles isirrational, arbitrary and perverse – On appeal, held: A cursoryglance at Condition No. 31 of N.I.T would show that the 30 vehiclesreferred to, are ‘both HMV/LMV’ – The tendering authority hasconstrued this condition to mean that both types of vehicles, i.e.HMV and LMV, need to be included in the list of 30 vehiclessubmitted by each bidder – In a series of judgments, the SupremeCourt has held that authority that authors the tender document isthe best person to understand and appreciate its requirements, andthus, its interpretation should not be second-guessed by a Court injudicial review proceedings – In accordance with the settled lawand noting the interpretation of the tendering authority, it cannotbe said that the interpretation done by the authority was a perverseone – The Division Bench of the High Court ought not to haveinterfered with it by giving its own interpretation and not givingproper credence to the word ‘both’ appearing in Condition No. 31of the N.I.T – Therefore, the Division Bench decision is set asideand the Single Judge’s judgment is restored. |
| Judge | Hon'ble Mr. Justice R.F. Nariman |
| Neutral Citation | 2020 INSC 712 |
| Petitioner | M/s. Galaxy Transport Agencies, Contractors, Traders, Transports And Suppliers |
| Respondent | M/s. New J.k. Roadways, Fleet Owners And Transport Contractors & Ors. |
| SCR | [2020] 12 S.C.R. 1090 |
| Judgement Date | 2020-12-18 |
| Case Number | 4107 |
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