Case Note & Summary
The petitioner, M/s. AGC-SCCPL JV, a joint venture bidder, filed a writ petition before the Bombay High Court at Aurangabad seeking a direction to the respondents (State of Maharashtra and its officers) to accept physical submission of its bid for a tender process concerning the construction and widening of the Beed bypass road. The tender was issued vide E-Tender Notice No.5/2019-2020 dated 27.08.2019 under the Hybrid Annuity Mode (HAM) and was to be submitted online. The petitioner claimed that it had paid the tender fees, downloaded the tender form, participated in the pre-bid process, procured a bank guarantee, and started uploading documents. However, it sought to submit the bid physically, alleging that the online submission process was contrary to the Government Resolution dated 27.09.2018. The respondents opposed the petition, contending that the Government Resolution mandated online submission and that the petitioner had no right to insist on physical submission. The court, after hearing the parties, dismissed the petition, holding that the Government Resolution dated 27.09.2018 clearly requires online submission of bids and that the petitioner cannot seek a writ of mandamus to compel the respondents to act contrary to the tender conditions. The court observed that the petitioner had participated in the online process and could not later demand a different mode of submission. The petition was dismissed with no order as to costs.
Headnote
A) Tender Law - Online Submission - Government Resolution - The petitioner sought a writ of mandamus to compel the respondents to accept physical submission of its bid for a tender process that was conducted online. The court held that the Government Resolution dated 27.09.2018 mandates online submission of bids and the petitioner cannot insist on physical submission. The tender conditions are binding on all bidders, and the petitioner having participated in the online process cannot later seek a different mode. (Paras 1-5) B) Constitutional Law - Writ Jurisdiction - Mandamus - The court held that a writ of mandamus cannot be issued to compel the respondents to act contrary to the tender conditions and the Government Resolution. The petitioner has no vested right to insist on physical submission when the tender notice clearly prescribes online submission. (Paras 1-5)
Issue of Consideration
Whether the petitioner is entitled to a writ of mandamus directing the respondents to accept physical submission of its bid for a tender process that was conducted online, and whether the tender process is contrary to the Government Resolution dated 27.09.2018.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Government Resolution dated 27.09.2018 mandating online submission of bids is valid
- Tender conditions are binding on bidders
- No right to insist on physical submission when online mode is prescribed
- Writ of mandamus cannot be issued to compel acceptance of bid contrary to tender conditions
