Case Note & Summary
The petitioner, Silver Jubilee Traveller Ltd., was one of the bidders for a contract for Ground Handling Services at Dr. Babasaheb Ambedkar International Airport, Nagpur, issued by MIHAN India Limited (respondent no.1). During the evaluation of technical bids, the petitioner was disqualified on two grounds: first, that it did not have the requisite experience in Ground Handling Services as required under clause 8.3.1(ii) of the Request for Proposal (RFP); and second, that it failed to meet the criteria under clause 8.3.2(ii) of the RFP. The petitioner challenged this disqualification by way of a writ petition under Article 226 of the Constitution of India, arguing that the reasons for disqualification were not borne out from the documents it had submitted. The petitioner contended that the decision was arbitrary and mala fide. The court, however, examined the RFP clauses and the documents on record. It noted that the evaluation committee had considered the petitioner's bid and found it lacking in the required experience. The court held that the scope of judicial review in tender matters is limited and that the court cannot sit as an appellate authority over the decisions of expert committees. Unless the decision is arbitrary, mala fide, or in violation of statutory provisions, the court will not interfere. In this case, the court found no such infirmity. The petitioner's documents did not demonstrate the requisite experience, and the committee's interpretation of the RFP clauses was reasonable. Accordingly, the writ petition was dismissed. The court also noted that respondent nos. 2, 3, 5, 6, and 7 were served but did not appear, and notice to respondent nos. 4 and 8 was dispensed with.
Headnote
A) Tender Law - Judicial Review - Scope of Interference - The court's power to interfere in tender matters is limited to cases of arbitrariness, mala fides, or violation of statutory provisions. The court cannot substitute its own view for that of the expert evaluation committee. (Paras 4-5) B) Tender Law - Eligibility Criteria - Interpretation of RFP Clauses - Clause 8.3.1(ii) required experience in Ground Handling Services, and Clause 8.3.2(ii) required specific experience in handling certain types of aircraft. The petitioner's documents did not demonstrate the requisite experience, and the evaluation committee's decision was based on a reasonable interpretation of the RFP. (Paras 2-3) C) Tender Law - Disqualification - Technical Bid - The petitioner was disqualified at the technical bid stage for not fulfilling the criteria under Clause 8.3.2(ii) of the RFP. The court found no error in the decision as the petitioner failed to provide evidence of the required experience. (Paras 2-3)
Issue of Consideration
Whether the disqualification of the petitioner from the tender process for Ground Handling Services at Dr. Babasaheb Ambedkar International Airport, Nagpur, on the grounds of not fulfilling the experience criteria under clauses 8.3.1(ii) and 8.3.2(ii) of the RFP, was arbitrary, mala fide, or contrary to the terms of the RFP.
Final Decision
The writ petition is dismissed. Rule is discharged. No order as to costs.
Law Points
- Tender law
- Judicial review of tender process
- Scope of interference in contractual matters
- Grounds for disqualification in technical bid
- Interpretation of eligibility criteria in RFP
