Case Note & Summary
The petitioner, Sri K.B. Kumar, a Grade I contractor, challenged a corrigendum dated 25.09.2024 issued by the Executive Engineer, Minor Irrigation and Ground Water Development Division, Mysuru, modifying tender conditions in two tender notifications (No. MI/2024-25/LI/WORK-INDENT2515 and 2516). The original tender required bidders to have experience of 'similar work' (i.e., minor irrigation works). The corrigendum changed this to 'any work' of similar value, which the petitioner argued was arbitrary and aimed at favouring the third respondent. The court noted that the modification diluted the essential qualification without any rationale, making it irrational and violative of Article 14 of the Constitution. The court held that while judicial review of tender conditions is limited, it can strike down conditions that are arbitrary or mala fide. The corrigendum was quashed, and the respondents were directed to proceed with the original tender conditions. The petitions were allowed.
Headnote
A) Constitutional Law - Tender Process - Arbitrariness - Article 14 of the Constitution of India - The court examined whether a corrigendum altering the eligibility criteria from 'similar work' to 'any work' was arbitrary. Held that the modification was irrational and violated Article 14 as it diluted the essential qualification without any justification (Paras 10-15). B) Administrative Law - Judicial Review - Tender Conditions - The court reiterated that while courts should not interfere in tender conditions, they can strike down conditions that are arbitrary, discriminatory, or mala fide. Held that the impugned corrigendum was arbitrary and set aside (Paras 16-20).
Issue of Consideration
Whether the corrigendum issued by the respondent modifying the tender conditions, particularly Clause 3.2(C)(1) and (2), is arbitrary and liable to be quashed.
Final Decision
The writ petitions are allowed. The impugned corrigendum dated 25.09.2024 is quashed. The respondents are directed to proceed with the tender process in accordance with the original tender conditions.
Law Points
- Tender conditions must be rational and non-arbitrary
- Corrigendum modifying eligibility criteria after bid submission is impermissible
- Article 14 of Constitution applies to tender processes
- Judicial review of tender conditions is limited but available for arbitrariness
