Case Note & Summary
The dispute arose from a tender process initiated by the TAPI Irrigation Development Corporation for the construction of a gravity closed pipeline distribution system. The petitioner, a joint venture, applied for the tender but was disqualified for failing to upload a bank statement, despite having made the necessary payment for the Earnest Money Deposit (EMD). The petitioner challenged this disqualification under Article 226 of the Constitution of India, arguing that the tender conditions did not explicitly require a bank statement and that the rejection was arbitrary. The court noted that the petitioner was not given an opportunity to rectify the omission and that the tender notice did not clearly mandate the bank statement upload. The respondents contended that the tender documents specified the requirement and that the petitioner was informed of the consequences of non-compliance. The court found that the disqualification was unreasonable and violated the principles of natural justice, leading to the decision to quash the disqualification and allow the petitioner to rectify the defect. The judgment was pronounced on 5th October 2026.
Headnote
A) Constitutional Law - Article 226 - Judicial Review of Tender Disqualification - The court examined the legality of the petitioner's disqualification from a public tender due to non-uploading of a bank statement, which was not explicitly required by the tender notice. The court held that the disqualification was arbitrary and violated principles of natural justice as the petitioner was not given an opportunity to rectify the defect (Paras 2-8).
Issue of Consideration
Whether the disqualification of the petitioner from the tender process was justified and whether principles of natural justice were violated.
Final Decision
The court quashed the disqualification of the petitioner and allowed them to rectify the defect regarding the bank statement upload.
Law Points
- Article 226 of the Constitution of India
- principles of natural justice
- tender conditions
- disqualification of bidders
