Excelsior Correspondent
Srinagar, May 31: High Court today vacated stay and gave go ahead with the allotment of work for commissioning of single span steel truss girder bridge over Nallah Sindh in district Ganderbal by dismissing the plea of a contractor challenging the cancellation of his bid by the authorities.
Justice Ali Mohammad Magrey dismissed the plea of contractor- M/S M. R. Industries after perusal of the pleadings placed on record. Court said, it is more than apparent that the decision taken by the R&B authorities in declaring the bid of the petitioner-contractor as ‘non-responsive’ was certainly not irrational in any manner whatsoever or intended to favour anyone as the decision, apart from being lawful and sound, appears to have been taken by the R&B authorities in view of the failure of the Petitioner-contractor to meet all the requirements stipulated in the tender notice.
The court on previous hearing, while granting time to the R&B Department to file objections, had directed that the process of bidding may be finalized but the contract work shall not be allotted till the next date of hearing before the bench. “Interim directions, if any, subsisting as on date shall stand vacated”, court said by vacating the said interim direction.
“Admittedly, the Respondents have declared the bid of the contractor as ‘non-responsive’ on the ground that the he did not meet all the requirements prescribed in the tender notice and the action of the Respondents in declaring the bid of the aggrieved contractor as ‘non-responsive’ cannot be said to be irrational or arbitrary in nature”, Justice Magrey said.
Any decision taken, court added, by the tender issuing authority in accepting or rejecting a tender document not in consonance with the terms and conditions prescribed in the tender document, could lead to unnecessary/ avoidable litigation requiring the authority to justify the rejection or acceptance of each tender document.
Furthermore, fair play in the joints is a necessary concomitant for an administrative body functioning in an administrative sphere or quasi administrative sphere and quashing administrative decisions may impose heavy administrative burden on the administration and lead to increased and unbudgeted expenditure.
“It is thus settled that public authorities must be left with the same liberty as they have in framing the policies, even while entering into contracts because many contracts amount to implementation or projection of policies of the Government”, reads the judgment.
Trending Now
E-Paper
Follow our WhatsApp channel