Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Tender – Rejection of bid on ground of omission and suppression of relevant fact |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Tender – Rejection of bid on ground of omission andsuppression of relevant fact – Public Works Department of the Stateissued a Notice Inviting Tender (NIT) for the construction of anElevated Corridor (Flyover) of a length of 7.473 Km – ElevenCompanies bid for the said project including UPSBC, ‘R’ Buildersand ‘Ra’ Construction Co. – The State rejected bid of UPSBC ofsum of Rs. 306.27 crores on the ground that the bidder suppressedinformation required under paragraph 13 of Appendix-I-A andclause 7(b) of Annex-I of NIT – Hence, the bid of UPSBC wasconsidered to be non-responsive – Likewise, ‘Ra’ Construction Co.bid for Rs. 293.25 crores did not fulfil the criteria under clause2.2.2.2(ii) of the NIT for ‘one similar work’ of 25% of the estimatedproject cost and was, therefore, considered non-responsive – One‘R’ builders had bid for Rs.315.80 crores – The High Court in theWrit Petition filed by UPSBC, held that as on date of submission ofthe technical bid, since no investigation was pending within themeaning of clause 7(b) of Annex-I, there was no suppression offacts, despite the fact that an FIR had been lodged against it inrespect of a bridge constructed by it earlier and the bridge hadcollapsed killing & injuring people – The High Court directed toissue a Letter of Intent in favour of UPSBC – As far as writ petitionfiled by ‘Ra’ Construction Co. is concerned, the High Court referredto clause 2.2.2.2(ii) of the NIT and held that there was nothingwrong with the State’s rejection – On appeal, held : The UPSBC isright when it refers and relies on the format which had to be strictlycomplied with and going by the literal reading of the format forproviding declaration, which only required a disclosure of pendinginvestigations under clause 7(b) of Annex-I of the NIT – However,the paragraph 13 of Appendix-I-A must be read together withparagraph 11 thereof, which required the bidder to certify that inregard to matters other than security and integrity of the country,the bidder was not convicted by a Court of law or indicted – Clearly,in the instant case, though the investigation was no longer pendingand though there was no conviction by a Court of law, UPSBC wascertainly ‘indicted’, in that, a charge-sheet was filed against itrelatable to the FIR – So, there is an omission of a most relevantfact and suppression of the same fact, namely that an FIR was lodgedagainst UPSBC in respect of the construction of a bridge by it – Asa result, UPSBC is disqualified – As far as ‘Ra’ Construction isconcerned, it will not be open for a Constitutional Court to substitutetheir view of the view of the tendering authority, when it reads clause2.2.2.2(ii) in the manner that was done – Therefore, the State directedto issue Letter of Intent to ‘R’ Builders as far as present tender isconcerned at the same financial bid as that of UPSBC. |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2020 INSC 686 |
Petitioner | The State Of Madhya Pradesh & Anr. |
Respondent | U.p. State Bridge Corporation Ltd.& Anr. |
SCR | [2020] 11 S.C.R. 821 |
Judgement Date | 2020-12-08 |
Case Number | 4002 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |