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HC dismisses bunch of petitions seeking rejection of bids of petitioners 11/6/2014 11:20:27 PM Early Times Report Jammu, Nov 6 (JNF): In a bunch of petitions filed by Transport Companies seeking quashing of report dated 27.06.2014 issued by the Technical Evaluation Committee of Indian Oil Corporation Limited generated by e-mail dated 07.07.2014 rejecting the technical/credential bids of the petitioners on account of non-submission of Provident Fund Registration Number in respect of NIT No.PSO/LPG/PT/P/Jammu/2013/20 dated 10.10.2013 for transportation of packed LPG Ex-LPG Bottling Plant, Jammu. The petitioners are also seeking a direction to the respondents to evaluate their tenders on merits and strictly as per the terms and conditions of the tender documents. Justice Tashi Rabstan of J&K High Court Jammu Wing after hearing both the sides and referred the various judgments of Supreme Court, hold that the condition, which has not been complied with by the petitioners, is the basic condition of eligibility and cannot be termed as mere ancillary or subsidiary one. The rejection of the bids by the respondents on this score cannot be said to be arbitrary or unfair. However, it is not a case of the petitioner that the respondents have acted with any bias or that the decision is actuated by malafide. In absence of the same, the decision, which is otherwise in consonance with the terms and conditions of the contract, cannot be termed to be unfair, arbitrary or violation of Article 14 of the Constitution. Since the condition, which was not complied with by the petitioners at the time of submission of tender documents, is held to be vital and essential condition of the contract, the public interest element sought to be projected by the petitioners may not have any relevance in the matter, rather the public interest required that only those bidders should be allowed to participate in the financial bid and/or award of the contract whose technical bids are found to be valid and responsive. With these observations Court dismissed the bunch of petitions.   Share This News with Your Friends on Social Network     Comment on this Story

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