Case Note & Summary
The petitioner, Emergedata Services Pvt. Limited, challenged the cancellation of a tender floated by Rashtrasant Tukdoji Maharaj Nagpur University on 13.07.2016 for pre and post examination work (EMS Work). The petitioner was the sole eligible bidder, but the University cancelled the tender on the ground that the petitioner's response was not proper. The petitioner argued that the reason was incorrect and that the University had acted arbitrarily. The Court found that the petitioner's bid was valid and that the University's action was arbitrary and violative of Article 14. The Court allowed the petition, quashed the cancellation, and directed the University to consider the petitioner's bid in accordance with law.
Headnote
A) Tender Law - Cancellation of Tender - Arbitrariness - Article 14 of the Constitution of India - The University cancelled the second tender on the ground that the petitioner, the sole eligible bidder, had submitted an improper response. The Court held that the reason given was incorrect and the cancellation was arbitrary, as the petitioner's bid was valid and the University's action lacked transparency and fairness. (Paras 4-6) B) Tender Law - Level Playing Field - Judicial Review - Article 14 - The Court emphasized that in tender matters, the State must act fairly and without arbitrariness. The University's failure to consider the petitioner's valid bid and its subsequent cancellation of the tender without proper justification violated the principle of level playing field. (Paras 5-7)
Issue of Consideration
Whether the cancellation of the second tender by Nagpur University on the ground of no proper response from the sole eligible bidder was arbitrary and violative of Article 14 of the Constitution of India.
Final Decision
The Court allowed the writ petition, quashed the cancellation of the tender dated 13.07.2016, and directed the University to consider the petitioner's bid in accordance with law.
Law Points
- Tender law
- Arbitrariness
- Article 14
- Level playing field
- Cancellation of tender
- Judicial review
