Excelsior Correspondent
Srinagar, June 21: The High Court has dismissed the plea challenging tender notice for hiring manpower for sanitation management during Shri Amarnath Yatra by recording that the decision of authority accepting the bid of another contractor does not warrant any interference.
The contractor firm-M/S Shah Electrical and Mechanical Works approached the court challenging the decision of the authorities whereby other contractor has been declared to have qualified the technical evaluation and declared as ‘L1 bidder’ in respect of tender bearing in question with the prayer that he shall be allotted work order instead of other contractor.
The authorities invited e-tenders for hiring 618 manpower of sanitation workers, supervisors and managers for sanitation management during Shri Amarnath Yatra 2023, for Nilgrat, Baltal base camp to Dumail in district Ganderbal and thereafter bids were invited from eligible bidders for the work.
As per the aggrieved contractor, the another contractor in whose favour work has been allotted was not eligible for consideration and the official respondents have wrongly declared his technical bid as valid. His contentions before the court was that the contractor has not complied with the mandatory terms of the tender document, inasmuch as he has neither deposited the earnest money in terms of the conditions of the tender document nor did the, said respondent possess the requisite qualification in terms of the tender document.
The court in view of the urgency involved in the matter as the Yatra is scheduled in coming days sought assistance of the Advocate General in the matter and the AG while arguing the case submitted that the other contractor was eligible for exemption from deposition of EMD as he was holding the requisite MSE certificate. He has further contended that all the requisite documents were furnished by him to support his claim relating to experience in the relevant field.
Advocate General has also contended that scope of interference by the Courts in the matters relating to award of tenders is very limited and the Court has to confine itself to the scrutiny of the decision-making process and not to the scrutiny of the decision itself.
Justice Sanjay Dhar while holding the decision of authorities with regard to allotment of work to the eligible contractor said no fault can be found in the decision of authorities in accepting the technical bid of respondent No.3 (other contractor) as admittedly, he is the Lowest bidder, as such, no fault can be found with the action of official respondents in awarding tender to him.
“In view of these circumstances, impugned decisions taken by authorities do not warrant any interference from this Court in exercise of its writ jurisdiction. The writ petition lacks merit and the same is, accordingly, dismissed”, Justice Dhar concluded.
Justice Dhar said the merits of a decision regarding award of a contract cannot be a subject matter of judicial review whereas the Court can scrutinize the decision-making process and the Court in such matters cannot substitute its own decision as the Court is not equipped to do so as the Court cannot act as an appellate forum over the decision of an administrative authority.
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