Case Note & Summary
The Bombay High Court dismissed two writ petitions challenging the disqualification of the petitioners from a tender process for the supply of food kits ("Anandacha Shidha") for the Gauri-Ganpati Festival. The State of Maharashtra issued a Request for Proposal on 18th July 2024, and the petitioners participated, submitting various experience certificates. The Technical Evaluation Committee disqualified them on 13th August 2024 for failing to meet pre-qualification condition PQ5, which required experience in providing 300 workers at 70 places in Government/Semi-Government establishments. The petitioners argued that their experience in supplying meals and manpower should satisfy the condition. The court held that the Committee's interpretation of the tender conditions was reasonable and not arbitrary, and that judicial review of tender decisions is limited. The petitions were dismissed, and the work order issued to Respondent No.2 was upheld.
Headnote
A) Tender Law - Pre-qualification Conditions - Condition PQ5 - Experience Requirement - The tender required bidders to have experience in providing 300 workers at 70 places in Government/Semi-Government establishments. The petitioners submitted experience certificates for supply of meals and manpower, but not for providing 300 workers at 70 places. The Technical Evaluation Committee disqualified them for non-compliance. Held that the Committee's decision was based on a reasonable interpretation of the tender conditions and was not arbitrary (Paras 1-10). B) Tender Law - Judicial Review - Scope - Courts should not interfere with tender decisions unless there is arbitrariness, mala fides, or violation of statutory provisions. The evaluation of technical bids is within the domain of the expert committee. Held that the petitioners failed to demonstrate any illegality or irrationality in the disqualification (Paras 11-15).
Issue of Consideration
Whether the disqualification of the petitioners by the Technical Evaluation Committee for failing to meet pre-qualification condition PQ5 of the tender document was arbitrary or illegal.
Final Decision
Both writ petitions are dismissed. The impugned communication/technical evaluation report dated 13th August 2024 and the work order dated 14th August 2024 are upheld.
Law Points
- Tender law
- Pre-qualification conditions
- Technical evaluation
- Judicial review of tender decisions
- Experience criteria
