Early Times Report
JAMMU, Mar 22: The Jammu & Kashmir and Ladakh High Court has upheld that the rejection of the technical bid found to be not supported by any qualifying documents is not illegal.
This significant judgment has been passed in a petition filed by one Rakesh Gupta who sought quashing of decision dated 6th December 2021, taken by respondents 1 to 3 whereby the petitioner has been technically disqualified in reference to Request for Proposal (RFP)-Tender E-Bid No.2021-AAI-82001-1 issued on 13-7-2021 for concession to design, fit-out, finance, develop, market, operate, maintain and manage the food and beverage outlets at Civil Airport, Jammu and technical bid of respondent number 4 was accepted.
He also sought quashing of decision contained in minutes of LCAC meeting held on 7th December 2021 taken by the respondents 1 to 3 whereby while rejecting the technical bid of the petitioner, technical as well as financial bid of respondent 4 have been accepted notwithstanding the fact that the financial bid of the petitioner was much higher than the respondent No.4. The petitioner has also prayed for quashing of Letter of Intent No.AAI/ JU/Coml/1409/MCFB/3380 dated 12-12-2021 for concession to design, fit-out, finance, develop, Market, Operate, Maintain and Manage the food and beverage outlets at Jammu Civil Airport whereby the aforesaid concession/contract has been awarded to respondent 4 and also prayed for a direction to the respondents to declare the petitioner qualified for allotment of aforesaid contract by accepting the technical bid as well as financial bid of the petitioner being higher than the respondent 4 and being fully in consonance with the terms and conditions stipulated in the tender document i.e. tender Reference No.AAI /JU/Coml/1409/MCFB Tender E-bid No. 2021-AAI-82001-1.
Justice Tashi Rabstan observed that it is not in dispute that respondent number 1 Airports Authority of India is engaged in development, operations and maintenance of airports in India. To provide enhanced facilities to the airport users, the respondent 1 intended to grant the concession to design, fit-out, finance, develop, market, operate maintain and manage the food and beverage outlets of the concession premises in the Civil Airport, Jammu.
Justice Rabstan while dismissing the petition observed that in view of the legal position, and scope of writ jurisdiction with regard to interference in the contractual matters as laid down in the judgments, this court does not find any illegality in the decision taken by the respondents to reject the technical bid of petitioner, which was found to be not supported by any qualifying documents. The impugned decision is, therefore, in consonance with terms and conditions of the contract and no explanation thereto can be found. |
