M/S Ramsaran Singh Projects Llp vs Wapcos Limited on 12 March, 2026

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    Chattisgarh High Court

    M/S Ramsaran Singh Projects Llp vs Wapcos Limited on 12 March, 2026

    Author: Ramesh Sinha

    Bench: Ramesh Sinha

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                                                                                                  NAFR
    
                                       HIGH COURT OF CHHATTISGARH AT BILASPUR
    
                                                      WPC No. 5474 of 2025
    
                          1 - M/s Ramsaran Singh Projects Llp ('a' Class Civil Contractor), A Limited
                          Liability Partnership Firm, Shanti Nagar Sukma Through Its Partner Shri
                          Ramsharan Singh Bhadoriya, S/o Shri Rajbahadur Singh Bhadoriya, Aged
                          About 69 Years, R/o Ward No. 10 House No. 56, Shanti Nagar, Sukma, District
                          Sukma (C.G.)
    
    
                          2 - Ramsharan Singh Bhadoriya S/o Shri Rajbahadur Singh Bhadoriya Aged
                          About 69 Years R/o Ward No. 10 House No. 56, Shanti Nagar, Sukma, District
                          Sukma (C.G.)
                                                                                            ... Petitioners
    
                                                              versus
    
                          1 - Wapcos Limited A Government Of India Undertaking, Through Its Chief
                          Engineer, Construction Management Unit-Iii, 1st Floor, Plot No. 148, Sector-44,
                          Gurugram Haryana - 122003
    
    
                          2 - The Chairman-Cum-Managing Director Wapcos Limited, 76-C, Institutional
                          Area, Sector-18, Gurugram Haryana - 122015
    
    
                          3 - National Education Society For Tribal Students (Nests) Through Its Director,
                          Ministry Of Tribal Affairs, Government Of India, New Delhi
    
    
                          4 - Shri Balaji Constructions (Engineers And Contractors), C/o Hariom Medical
                          Agency, Medical Complex, Telipara, Bilaspur, District Bilaspur (C.G.)
    VED
    PRAKASH
    DEWANGAN
    Digitally signed by
    
                          5 - Shreeji Krupa Project Ltd., 303 Iscon Mall, Near Big Bazar, 150ft. Ring
    VED PRAKASH
    DEWANGAN
    Date: 2026.03.19
    11:05:27 +0530
                                                2
    
    
    Road, Rajkot, Gujarat - 360 001
    
    
    6 - The Chief Engineer (Cmu-Iii) Wapcos Limited (Psu Under Ministry Of Jal
    Shakti) Npcc Building, 1st Floor, Plot No. 148, Sec. - 44, Gurugram, Haryana
    
                                                                           ... Respondents

    (Cause title taken from Case Information System)

    For Petitioners : Mr. B.P. Sharma and Mr. Vivek
    Shrivastava, Advocates

    SPONSORED

    For Respondents No. 1, 2 : Mr. Santosh Tripathi, Senior Advocate
    and 6 (through virtual mode) along with Mr.
    Shivank Mishra and Mr. Tushar Sannu,
    Advocates

    For Respondent No.3 : Mr. Tushar Dhar Diwan, Central
    Government Counsel

    For Respondent No. 4 : Ms. Hamida Siddiqui, Advocate

    For Respondent No. 5 : Mr. Yogendra Chaturvedi, Advocate

    Hon’ble Shri Ramesh Sinha, Chief Justice
    Hon’ble Shri Ravindra Kumar Agrawal, Judge

    Judgment on Board

    Per Ramesh Sinha, Chief Justice

    12/03/2026

    1. The present writ petition under Articles 226 and 227 of the Constitution

    of India has been filed by the petitioners calling in question the legality,

    validity and propriety of the e-mail communication dated 10.10.2025

    issued by respondent No.1 through respondent No.6, whereby the bid

    submitted by petitioner No.1 in response to the Notice Inviting Tender

    (NIT) for the work of “Construction of Eklavya Model Residential School

    (EMRS) at Tokapal, District Bastar (Chhattisgarh)” has been declared
    3

    technically disqualified. As per the impugned communication, the bid of

    the petitioners has been rejected on the ground that the bank guarantee

    furnished by the petitioners towards bid security was valid only upto

    18.10.2025, whereas in terms of the NIT the bid security was required to

    remain valid for a period of 45 days beyond the final bid validity period

    i.e. upto 04.01.2026. The petitioners contend that the action of the

    respondent authorities is arbitrary and discriminatory inasmuch as the

    bid submitted by respondent No.4 has been declared technically

    qualified even though the bank guarantee furnished by respondent No.4

    was also not valid upto the required date and was valid only upto

    02.01.2026. It is the case of the petitioners that both the petitioners and

    respondent No.4 were placed on the same footing with regard to

    compliance of the tender condition relating to validity of the bank

    guarantee, yet the respondent authorities have adopted a differential

    treatment by disqualifying the petitioners while permitting respondent

    No.4 to proceed further in the tender process, which according to the

    petitioners amounts to violation of the principles of equality and fairness

    embodied under Article 14 of the Constitution of India.

    2. The present petition has been filed by the petitioners seeking the

    following reliefs:-

    “A. A writ and/or an order in the nature of writ of

    mandamus do issue calling for the records of

    case pertaining petitioners’ case from authorities

    below concerned if this Hon’ble Court may deem

    fit in facts and circumstances of the case.
    4

    B. A writ and/or an order in the nature of writ of

    certiorari do issue quashing e-mail/letter dated

    10.10.2025 by which reasons has been assigned

    for declaring the petitioners disqualified be

    quashed be arbitrary, illegal and comes within the

    purview of malice in fact and malice in law and in

    violation of petitioners’ fundamental and

    constitutional rights and in effect, declare the

    petitioners qualified and further order be passed

    of consideration of bid submitted by petitioners

    along with other tenderers in the facts and

    circumstances of the case.

    C. A writ and/or an order in the nature of writ of

    mandamus do issue restraining the respondent

    authorities from awarding the tender and entering

    into contract with respondent No. 4 as such award

    will come in purview of malice in law and malice in

    fact, contrary to law settled in this regard and in

    the facts and circumstances of case.

    D. Any other relief which this Hon’ble Court may

    deem fit in the facts & circumstances of case.

    E. Cost of the petition may also be awarded.”

    3. The facts of the case as emerges from the pleadings of the petition are

    that, the petitioner No.1 is a Limited Liability Partnership firm registered
    5

    under the provisions of the Limited Liability Partnership Act, 2008 and is

    an experienced ‘A’ Class civil contractor undertaking construction works.

    Petitioner No.2 is one of the partners of petitioner No.1 and is authorized

    to represent the firm in all contractual and legal matters.

    ******* The respondent No.1 i.e. WAPCOS Limited, a Government of

    India undertaking under the Ministry of Jal Shakti, acting as Project

    Management Consultant on behalf of the National Education Society for

    Tribal Students (NESTS), issued a Notice Inviting Tender (NIT) bearing

    No. WAP/CMU-III/2025-26/NESTS/CHTGH/TOKAPAL/08 dated

    04.08.2025 for the work of Construction of Eklavya Model Residential

    School (EMRS) at Tokapal, District Bastar, Chhattisgarh having an

    estimated cost of Rs.30,42,77,137/- excluding GST. The tender was

    invited through an open online percentage rate system in two envelopes

    i.e. technical bid and financial bid from experienced and eligible

    contractors.

    ******* As per the terms and conditions of the NIT, the last date for

    submission of technical and financial bids was 20.08.2025 and the

    technical bids were to be opened thereafter. The NIT also stipulated that

    the Earnest Money Deposit (EMD)/Bid Security shall remain valid for a

    period of 45 days beyond the final bid validity period, and the bid validity

    period was fixed as 90 days from the date of opening of the technical

    bid.

    ******* In response to the aforesaid NIT, petitioner No.1 submitted its bid

    within the stipulated time along with all requisite documents including the
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    required Earnest Money Deposit partly in the form of Fixed Deposit

    Receipt and partly in the form of Bank Guarantee as permitted under the

    tender conditions. Respondent Nos.4 and 5 also submitted their bids for

    the said work.

    ******* After submission of bids, the technical bids were opened on

    22.08.2025. Subsequently, the respondent authorities examined the

    documents submitted by the bidders. During the course of scrutiny,

    respondent No.1 issued a communication dated 03.09.2025 to petitioner

    No.1 informing that its bid for EMRS Tokapal had been received and

    examined and calling upon the petitioner to submit certain documents

    relating to similar works executed by the petitioner, including work orders

    and agreements with BOQ in respect of construction works carried out

    at Sukma and Kondagaon districts.

    ******* In compliance with the aforesaid communication dated

    03.09.2025, the petitioner promptly submitted the required documents

    through e-mail within the stipulated period along with copies of

    agreements, work orders and BOQs relating to the similar works

    executed by the petitioner firm. Thus, the petitioner fulfilled all the

    requisitions made by the respondent authorities during the process of

    evaluation of the technical bid.

    ******* Thereafter, to the utter surprise of the petitioners, it came to their

    notice that petitioner No.1 had been declared technically disqualified in

    the bid evaluation process. Being aggrieved by the said action and not

    being aware of the reasons for disqualification, the petitioners addressed
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    an e-mail dated 09.10.2025 at about 10:50 a.m. to the respondent

    authorities requesting them to provide specific reasons for declaring the

    petitioner disqualified. The petitioners also objected to the opening of the

    financial bids of other bidders without providing a clear and valid

    explanation for such disqualification.

    ******* However, despite the aforesaid objection raised by the

    petitioners, the respondent authorities proceeded to open the financial

    bids of other bidders without responding to the petitioners’ request for

    clarification. Thereafter, the petitioners received an e-mail dated

    10.10.2025 from the Chief Engineer (CMU-III), WAPCOS Limited,

    informing that the bid submitted by the petitioner had been disqualified

    on the ground that the Bank Guarantee submitted by the petitioner

    towards bid security was valid only up to 18.10.2025, whereas as per

    the tender conditions the bid security was required to remain valid up to

    04.01.2026, which was calculated as 45 days beyond the bid validity

    period.

    ******* According to the petitioners, the reason assigned by the

    respondent authorities for disqualifying their bid is wholly arbitrary and

    discriminatory. Upon verification of the documents submitted by

    respondent No.4, the petitioners found that the bank guarantee

    furnished by respondent No.4 in support of its bid security was also not

    valid up to the required date of 04.01.2026. As per the bank guarantee

    issued in favour of respondent No.4, the validity of the said bank

    guarantee extended only up to 02.01.2026.

    8

    ******* Thus, both the petitioner and respondent No.4 had submitted

    bank guarantees which were not strictly valid up to 04.01.2026 as

    required under the NIT. However, while the petitioner’s bid was rejected

    on the said ground, respondent No.4 was declared technically qualified

    and allowed to participate further in the tender process.

    ******* The petitioners submit that both the petitioner and respondent

    No.4 stood on the same footing with respect to compliance of the

    condition relating to validity of the bank guarantee, yet the respondent

    authorities adopted a discriminatory approach by disqualifying the

    petitioner while treating respondent No.4 as eligible. Such differential

    treatment, according to the petitioners, is arbitrary, unfair and violative of

    the principle of equality guaranteed under Article 14 of the Constitution

    of India.

    ******* Being aggrieved by the arbitrary action of the respondent

    authorities in declaring the petitioner disqualified and allowing similarly

    placed bidders to participate in the tender process, the petitioners have

    approached this Hon’ble Court by filing the present writ petition seeking

    appropriate reliefs.

    4. Mr. B.P. Sharma, learned counsel appearing for the petitioner would

    submit that, the action of the respondent authorities in declaring the

    petitioner No.1 technically disqualified is arbitrary, unreasonable and

    violative of the constitutional mandate of fairness and equality embodied

    under Article 14 of the Constitution of India. It is submitted that the

    impugned communication dated 10.10.2025 issued by respondent No.1
    9

    assigning reasons for disqualification of the petitioner is illegal and liable

    to be set aside.

    ******* Learned counsel would submit that respondent No.1, WAPCOS

    Limited, a Government of India undertaking acting as Project

    Management Consultant on behalf of National Education Society for

    Tribal Students (NESTS), issued a Notice Inviting Tender bearing No.

    WAP/CMU-III/2025-26/NESTS/CHTGH/TOKAPAL/08 dated 04.08.2025

    inviting bids for construction of Eklavya Model Residential School

    (EMRS) at Tokapal, District Bastar, Chhattisgarh having an estimated

    cost of Rs.30,42,77,137/-. The tender was invited through an open

    online system from experienced and eligible contractors in a two-

    envelope system comprising technical and financial bids.

    ******* It is submitted that petitioner No.1, being an experienced ‘A’ Class

    civil contractor, submitted its bid within the stipulated time along with all

    requisite documents including the Earnest Money Deposit partly in the

    form of Fixed Deposit Receipt and partly in the form of Bank Guarantee

    as permitted under the tender conditions. The technical bids were

    opened on 22.08.2025 and thereafter the respondent authorities

    scrutinized the documents submitted by the bidders.

    ******* Learned counsel would submit that during the course of scrutiny,

    respondent No.1 issued a communication dated 03.09.2025 calling upon

    the petitioner to submit certain documents relating to similar works

    executed by it. The petitioners duly complied with the said requisition

    and submitted all required documents within the stipulated time. This
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    itself clearly indicates that the petitioners were treated as eligible bidders

    and their bid was under active consideration by the respondent

    authorities.

    ******* It is further submitted that despite the petitioners having complied

    with all requirements, the respondent authorities declared the petitioner

    technically disqualified. Being aggrieved, the petitioners addressed an e-

    mail dated 09.10.2025 requesting the respondent authorities to provide

    the reasons for such disqualification. However, without responding to the

    said request, the respondent authorities proceeded to open the financial

    bids of other bidders.

    ******* Learned counsel would submit that subsequently, by e-mail dated

    10.10.2025, the respondent authorities informed the petitioner that its

    bid had been disqualified on the ground that the bank guarantee

    furnished towards bid security was valid only up to 18.10.2025, whereas

    as per the terms of the NIT the bid security was required to remain valid

    for a period of 45 days beyond the bid validity period i.e. up to

    04.01.2026.

    ******* Learned counsel would submit that the aforesaid ground for

    disqualification is wholly arbitrary and discriminatory. It is submitted that

    the bank guarantee furnished by respondent No.4 was also not valid up

    to the required date of 04.01.2026. As per the bank guarantee submitted

    by respondent No.4, the validity of the said guarantee extended only up

    to 02.01.2026. Thus, both the petitioner and respondent No.4 had
    11

    submitted bank guarantees which did not strictly comply with the

    requirement of validity up to 04.01.2026.

    ******* Learned counsel would submit that despite the fact that both the

    bidders stood on the same footing, the respondent authorities adopted a

    discriminatory approach by disqualifying the petitioner while declaring

    respondent No.4 technically qualified and permitting it to participate

    further in the tender process. Such differential treatment between

    similarly situated bidders is arbitrary and violates the doctrine of level

    playing field which forms part of Article 14 of the Constitution of India.

    ******* Learned counsel would further submit that the State and its

    instrumentalities are bound to act strictly in accordance with law and

    cannot exercise powers in an arbitrary or capricious manner. In support

    of the said submission, reliance is placed upon the judgment of the

    Hon’ble Supreme Court in Dipak Babaria and another v. State of

    Gujarat and others, reported in (2014) 3 SCC 502, wherein the Hon’ble

    Supreme Court has held that when a statute or rule prescribes a

    particular manner in which a power is to be exercised, the authority must

    act strictly in accordance with the procedure so prescribed and any

    action taken contrary thereto would be invalid.

    ******* Learned counsel would submit that in the aforesaid judgment, the

    Hon’ble Supreme Court reiterated the settled principle that where a thing

    is required to be done in a particular manner, it must be done in that

    manner alone and in no other manner. The Court further held that any
    12

    deviation from the prescribed procedure would render the action

    arbitrary and unsustainable in law.

    ******* Relying upon the aforesaid principle, learned counsel would

    submit that the respondent authorities, while evaluating the bids, were

    required to uniformly apply the conditions of the tender to all bidders.

    However, in the present case, the respondent authorities have applied

    the condition relating to validity of the bank guarantee selectively only

    against the petitioners while ignoring the same deficiency in the case of

    respondent No.4. Such selective application of tender conditions is

    clearly arbitrary and contrary to the principles laid down by the Hon’ble

    Supreme Court.

    ******* Learned counsel would further submit that the purpose of a

    transparent tender process is to ensure fair competition and to secure

    the best value for public money. By arbitrarily excluding the petitioners

    from the tender process while permitting similarly placed bidders to

    participate, the respondent authorities have not only violated the rights

    of the petitioners but have also caused serious prejudice to the public

    exchequer.

    ******* It is therefore submitted that the impugned action of the

    respondent authorities in declaring the petitioner technically disqualified

    is arbitrary, discriminatory and violative of Articles 14 and 19(1)(g) of the

    Constitution of India and is liable to be interfered with by this Hon’ble

    Court in exercise of its writ jurisdiction.

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    ******* On the aforesaid grounds, learned counsel for the petitioners

    prays that the impugned communication dated 10.10.2025 be quashed

    and the respondent authorities be directed to treat the petitioners as

    technically qualified and to consider their bid in accordance with law.

    5. Per contra, Mr. Santosh Tripathi, Senior Advocate appearing for the

    respondents No. 1, 2 and 6 would submit that, the present writ petition

    filed by the petitioners is wholly misconceived, devoid of merits and not

    maintainable in law as well as on facts. The petitioners have challenged

    the e-mail/letter dated 10.10.2025 whereby the petitioners were declared

    disqualified in the tender process. It is submitted that the said action of

    the answering respondents is strictly in accordance with the terms and

    conditions of the Notice Inviting Tender (NIT) and does not suffer from

    any arbitrariness, illegality or malafide as alleged by the petitioners.

    ******* Learned counsel would further submit that the answering

    Respondent No.1/WAPCOS Ltd. had invited Open Online Percentage

    Rate Tenders from experienced and competent contractors for the

    project namely “Construction of Eklavya Model Residential School

    (EMRS) at Tokapal, District Bastar (C.G.)” on 04.08.2025. The estimated

    cost of the said project was Rs. 30,42,77,137/-. The last date of

    submission of bids was 20.08.2025 and the technical bids were opened

    on 21.08.2025. The petitioners, along with Respondents No.4 and 5,

    submitted their bids in accordance with the NIT through the online mode.

    ******* It is submitted that the conditions of the NIT clearly stipulated that

    the Employer, i.e., WAPCOS Ltd., reserves the absolute right to accept
    14

    or reject any bid without assigning any reason whatsoever. It was also

    categorically provided that no bidder shall have any cause of action or

    claim against the employer in respect of rejection of his bid. Thus, the

    petitioners were fully aware of the tender conditions and had participated

    in the tender process with full knowledge of such terms.

    ******* Learned counsel would further submit that merely because the

    petitioners were initially treated as admitted tenderers does not confer

    any vested or indefeasible right upon them to be declared technically

    qualified. Admission of a bid for scrutiny does not amount to acceptance

    of the bid. The tendering authority retains the right to examine the

    documents and verify whether the bidder fulfills the mandatory eligibility

    criteria as stipulated under the NIT.

    ******* It is respectfully submitted that after scrutiny of the documents

    submitted by the petitioners, it was found that the petitioners had

    submitted the Earnest Money Deposit (EMD) partly in the form of Bank

    Guarantee which did not comply with the validity requirements

    prescribed under the NIT. As per the tender conditions, the Bid Validity

    Period was required to be 90 days from the date of opening of the

    technical bid, i.e., from 21.08.2025, which would expire on 18.11.2025.

    Further, the NIT specifically provided that the Bid Security must remain

    valid for an additional period of 45 days beyond the Bid Validity Period,

    which would extend the required validity of the Bank Guarantee up to

    02.01.2026.

    15

    ******* However, in the present case, the Bank Guarantee submitted by

    the petitioners, issued by the State Bank of India, clearly mentions that

    the guarantee was valid only up to 18.10.2025, and the claim expiry date

    was also 18.10.2025. Thus, the Bank Guarantee submitted by the

    petitioners fell far short of the mandatory requirement of validity up to

    02.01.2026 as required under the NIT conditions.

    ******* Learned counsel would further submit that since the Bank

    Guarantee submitted by the petitioners did not satisfy the essential

    condition regarding validity of the Bid Security, the petitioners failed to

    fulfill the mandatory eligibility criteria of the tender. Consequently, the

    technical bid submitted by the petitioners was rightly declared

    disqualified by the answering respondents vide e-mail/letter dated

    10.10.2025.

    ******* It is further submitted that in contrast, Respondent No.4 had

    submitted the EMD in the form of TDR along with a Bank Guarantee

    issued by YES Bank which clearly fulfilled all the requirements of the

    NIT. The Bank Guarantee submitted by Respondent No.4 was valid up

    to 02.01.2026 with stated claim expiry date of 13.08.2026, which fully

    complied with the tender conditions. Therefore, the technical bid of

    Respondent No.4 was rightly declared qualified by the tendering

    authority.

    ******* Learned counsel for the answering respondents submits that the

    petitioners are attempting to create an impression that they were

    arbitrarily disqualified and that the tendering authority has favored
    16

    Respondent No.4. Such allegations are completely baseless and without

    any supporting material. The disqualification of the petitioners was solely

    on account of their failure to comply with the mandatory conditions of the

    NIT relating to the validity of the Bank Guarantee.

    ******* It is a settled principle of law that in matters relating to award of

    contracts and tender processes, the scope of judicial review under

    Article 226 of the Constitution is extremely limited. The courts do not sit

    as an appellate authority over the decisions of the tendering authority.

    Unless the decision is shown to be arbitrary, irrational, mala fide or in

    violation of statutory provisions, the Court ordinarily does not interfere

    with administrative decisions in contractual matters.

    ******* In this regard, learned counsel places reliance upon the judgment

    of the Hon’ble Supreme Court in the case of Dipak Babaria (supra),

    wherein the Hon’ble Supreme Court has held that the scope of judicial

    review in contractual matters is limited and the courts should not

    interfere with administrative decisions relating to contracts unless the

    decision is patently arbitrary, unreasonable or contrary to law.

    ******* It is submitted that the Hon’ble Supreme Court in the aforesaid

    judgment has categorically observed that the courts should exercise

    great restraint in interfering with decisions taken by competent

    authorities in contractual and commercial matters, particularly when

    such decisions are taken in accordance with the terms of the contract or

    tender conditions.

    17

    ******* In the present case, the action of the answering respondents is

    strictly in accordance with the conditions of the NIT. The petitioners have

    admittedly submitted a Bank Guarantee which did not meet the

    mandatory validity requirement. Therefore, the petitioners cannot claim

    any right to be declared qualified in the tender process.

    ******* Learned counsel further submits that the petitioners, having

    participated in the tender process with full knowledge of the conditions

    stipulated in the NIT, cannot now be permitted to challenge the very

    same conditions after being found non-compliant. It is a settled principle

    that a bidder who participates in a tender process cannot subsequently

    question the terms of the tender after failing to meet the eligibility

    criteria.

    ******* It is therefore submitted that the decision taken by Respondent

    No.1/WAPCOS Ltd. declaring the petitioners disqualified is a lawful and

    reasoned decision based on objective criteria prescribed under the NIT.

    The same does not suffer from any arbitrariness, malice in fact or malice

    in law as alleged in the writ petition.

    ******* In view of the aforesaid facts and circumstances, learned counsel

    for Respondents No.1, 2 and 6 most respectfully submits that the

    present writ petition is devoid of merit and does not warrant any

    interference by this Hon’ble Court under Article 226 of the Constitution of

    India. Therefore, it is humbly prayed that the present writ petition

    deserves to be dismissed.

    18

    6. Mr. Tushar Dhar Diwan, learned counsel appearing for the respondent

    No.3 would submit that, the present writ petition, insofar as it concerns

    Respondent No.3, is wholly misconceived and not maintainable.

    Respondent No.3 – National Education Society for Tribal Students

    (NESTS) has no role whatsoever in the tendering process, evaluation of

    bids or issuance of the impugned communication dated 10.10.2025

    declaring the petitioners disqualified. Hence, Respondent No.3 has been

    unnecessarily and improperly impleaded in the present proceedings.

    ******* Learned counsel would submit that Respondent No.3 is an

    autonomous organization under the Ministry of Tribal Affairs,

    Government of India, entrusted with the implementation and

    administration of Eklavya Model Residential Schools (EMRS) across the

    country. In order to execute the construction works of EMRS projects,

    Respondent No.3 entered into an Agreement dated 14.12.2022 with

    Respondent No.1 – WAPCOS Ltd., whereby WAPCOS Ltd. was

    appointed as the Construction Agency (CA) for execution of the EMRS

    projects.

    ******* It is submitted that under the said Agreement, Respondent No.3

    acts merely as the Owner/Client, whereas Respondent No.1 – WAPCOS

    Ltd. functions as the Construction Agency, entrusted with the complete

    responsibility of carrying out the tendering process, evaluation of bids

    and award of contracts.

    ******* Learned counsel would further draw the attention of this Hon’ble

    Court to Clause 3.1 of the Agreement dated 14.12.2022, which clearly
    19

    stipulates the responsibilities of the Construction Agency towards the

    Owner/Client. As per the said clause:

    (i) The Construction Agency shall execute the works through

    contracts by calling tenders in accordance with the

    applicable CPWD guidelines.

    (ii) No approval is required from NESTS for processing of

    tenders.

    (iii) Assessment of the reasonability of the tender is the sole

    responsibility of the Construction Agency.

    (iv) Calling of tenders, their publicity, scrutiny of bid

    documents, evaluation of bids, determination of the L-1

    bidder and award of the work are matters exclusively within

    the domain of the competent authority of the Construction

    Agency.

    ******* In light of the aforesaid contractual arrangement, it is evident that

    Respondent No.3 – NESTS has neither participated in nor exercised any

    control over the tender process in question. The entire process relating

    to issuance of the Notice Inviting Tender (NIT), scrutiny of bid

    documents, evaluation of the technical bids, verification of bank

    guarantees and declaration of qualified bidders has been undertaken

    solely by Respondent No.1 – WAPCOS Ltd.

    20

    ******* Learned counsel submits that the grievance raised by the

    petitioners pertains to their alleged disqualification from the tender

    process on the basis of the impugned communication dated 10.10.2025

    issued by Respondent No.1. The said decision relates purely to the

    evaluation of tender documents and compliance with the tender

    conditions, which is an administrative and contractual function

    exclusively falling within the jurisdiction of the Construction Agency,

    namely Respondent No.1.

    ******* It is respectfully submitted that Respondent No.3 had no

    involvement whatsoever in the scrutiny or evaluation of the bid

    submitted by the petitioners. Respondent No.3 did not examine the

    documents submitted by the petitioners, nor did it evaluate the validity of

    the bank guarantee furnished by them. Consequently, Respondent No.3

    had no role in the decision declaring the petitioners disqualified.

    ******* Learned counsel would therefore submit that the petitioners have

    erroneously and unnecessarily impleaded Respondent No.3 in the

    present writ petition despite the fact that no relief has been specifically

    claimed against Respondent No.3 and no cause of action has arisen

    against it.

    *******Without prejudice to the above submissions, Respondent No.3

    specifically denies all allegations made in the writ petition which are

    contrary to the record and the contractual arrangement between

    Respondent No.3 and Respondent No.1.

    21

    *******Hence, the present writ petition, insofar as Respondent No.3 is

    concerned, deserves to be dismissed and the name of Respondent No.3

    be deleted from the array of parties.

    7. Ms. Hamida Siddiqui, learned counsel appearing for the respondent

    No.4 would submit that, the present writ petition is wholly misconceived

    and not maintainable either on facts or in law. It is submitted that the

    entire challenge raised by the petitioners is premised on an incorrect

    interpretation of the tender conditions as well as a misreading of the

    documents placed on record. The petitioners have attempted to create a

    false parity between themselves and respondent No.4 in order to

    contend that both stood on the same footing with regard to compliance

    of the condition relating to validity of the bank guarantee. However, on a

    proper reading of the Notice Inviting Tender (NIT) and the documents

    submitted by the respective bidders, it becomes clear that the petitioners

    had failed to comply with a mandatory condition of the NIT, whereas

    respondent No.4 had fully satisfied the said requirement.

    ******* Learned counsel would submit that Clause 7 of the NIT

    specifically stipulates that the Earnest Money Deposit (EMD)/Bid

    Security shall remain valid for a period of 45 days beyond the final bid

    validity period. Clause 10 of the NIT further provides that the bid validity

    period shall be 90 days from the date of opening of the technical bid. As

    per Clause 15 of the NIT, the technical bids were opened on 21.08.2025.

    Thus, the total validity period required for the bid security would be 90

    days plus an additional 45 days, i.e., a total of 135 days from the date of

    opening of the technical bid. On calculation, the period of 135 days
    22

    commencing from 21.08.2025 expires on 02.01.2026. Therefore, the

    bank guarantee furnished by respondent No.4, which is valid up to

    02.01.2026 with claim expiry date up to 13.08.2026, fully satisfies the

    requirement stipulated under the NIT.

    ******* It is further submitted that the petitioners have attempted to rely

    upon the impugned e-mail communication dated 10.10.2025 to contend

    that the bid security was required to remain valid up to 04.01.2026.

    However, the said date mentioned in the communication is clearly a

    clerical or calculation error and cannot override the explicit terms of the

    NIT. The tender conditions form the governing framework for evaluation

    of bids and any clerical mistake in an e-mail communication cannot alter

    or modify the tender conditions. When the NIT is read in its entirety, it

    clearly demonstrates that the required validity period of the bid security

    was up to 02.01.2026 and the bank guarantee submitted by respondent

    No.4 is fully compliant with the said requirement.

    ******* Learned counsel would further submit that the bank guarantee

    furnished by the petitioners was valid only up to 18.10.2025, which falls

    substantially short of the mandatory requirement under the NIT. Since

    the petitioners had failed to comply with an essential condition relating to

    the validity of the bid security, their bid was rightly declared technically

    disqualified by the tendering authority. The action of the respondent

    authorities is therefore strictly in accordance with the tender conditions

    and does not suffer from any arbitrariness or discrimination as alleged

    by the petitioners.

    23

    ******In this regard, reliance is placed on the judgment rendered by a

    Division Bench of this Court in WPC No. 482 of 2025 (M/s Shraddha

    Construction Company v. State of Chhattisgarh & Ors.), wherein it

    has been held that in tender matters involving technical evaluation and

    compliance with eligibility criteria, the writ court should exercise great

    restraint and should not substitute its own decision for that of the

    tendering authority. The Court observed that judicial review is confined

    to examining the decision-making process and not the merits of the

    decision itself.

    ******* Learned counsel further places reliance on the decision of this

    Court in WPC No. 4843 of 2025 (Surface Engineering Pvt. Ltd. v.

    Union of India & Ors.), wherein it has been reiterated that the

    interpretation of tender conditions lies primarily within the domain of the

    tendering authority which has authored the tender documents. The

    Court held that unless the interpretation adopted by the authority is

    shown to be patently arbitrary or perverse, the writ court should refrain

    from interfering with the decision taken in the course of the tender

    process.

    ******* Reliance is also placed on the judgment of this Court in WPC No.

    5508 of 2024 (M/s Mokshit Corporation v. State of Chhattisgarh &

    Ors.), wherein it has been held that a bidder who fails to comply with the

    mandatory conditions of the NIT cannot claim any vested right to be

    declared technically qualified. The Court further observed that in

    commercial and contractual matters involving public tenders, the

    employer is the best judge of its requirements and the courts should not
    24

    interfere unless the decision is vitiated by mala fides or manifest

    arbitrariness.

    ******* It is also pointed out that respondent No.5 has ultimately been

    declared the successful bidder and the validity of the bank guarantee

    furnished by respondent No.5 is not under challenge. Therefore, the

    grievance raised by the petitioners against respondent No.4 is wholly

    misplaced and has no bearing on the final outcome of the tender

    process. The writ petition is thus devoid of merit and deserves to be

    dismissed.

    8. Mr. Yogendra Chaturvedi, learned counsel appearing for Respondent

    No.5 would submit that the present writ petition is wholly misconceived,

    devoid of merit and liable to be dismissed at the threshold. At the outset,

    it is contended that the principal grievance raised by the petitioners is

    against the alleged qualification of Respondent No.4 in the tender

    process, whereas no allegation whatsoever has been raised against the

    answering Respondent No.5. The petitioners have neither questioned

    the eligibility of Respondent No.5 nor pointed out any irregularity or

    deficiency in the bid submitted by Respondent No.5. In absence of any

    challenge against the answering respondent, the present writ petition,

    insofar as it concerns Respondent No.5, deserves to be dismissed

    outright.

    ******* Learned counsel would further submit that the Respondent No.1,

    which is a Government of India undertaking, had invited an Open Online

    Percentage Rate Tender for the project of construction of Eklavya Model
    25

    Residential School (EMRS) at Tokapal, District Bastar (Chhattisgarh)

    with an estimated cost of Rs.30,42,77,137/-. The tender process was

    conducted through a two-envelope system consisting of technical and

    financial bids. In response to the Notice Inviting Tender (NIT) dated

    04.08.2025, the petitioners as well as Respondent Nos.4 and 5

    submitted their bids through the online mode within the prescribed time.

    ******* It is submitted that as per the conditions stipulated in the NIT,

    particularly Clause 7 and other relevant provisions relating to bid

    security, the bidders were required to submit an Earnest Money Deposit

    (EMD)/Bid Security which was to remain valid for a period of 45 days

    beyond the final bid validity period. The NIT further provided that the bid

    validity period would be 90 days from the date of opening of the

    technical bid. As per the schedule mentioned in the NIT, the technical

    bids were opened on 21.08.2025. Consequently, the bid validity period

    of 90 days expired on 18.11.2025 and the bid security was required to

    remain valid for an additional period of 45 days thereafter, i.e., up to

    02.01.2026.

    ******* Learned counsel would submit that the petitioners have been

    declared technically disqualified solely on account of their failure to

    comply with the mandatory requirement relating to the validity of the

    bank guarantee furnished towards the bid security. The bank guarantee

    submitted by the petitioners was valid only up to 18.10.2025 and the

    claim expiry date was also the same. Since the said bank guarantee did

    not remain valid up to 02.01.2026 as required under the NIT, the
    26

    tendering authority was fully justified in declaring the technical bid of the

    petitioners as disqualified.

    ******* It is further submitted that the petitioners have attempted to

    contend that Respondent No.4 was also similarly placed and yet was

    declared qualified. However, the said contention is factually incorrect.

    The bank guarantee submitted by Respondent No.4 was valid up to

    02.01.2026 with the claim expiry date extending up to 13.08.2026. Thus,

    the bid security furnished by Respondent No.4 strictly complied with the

    terms and conditions of the NIT. Therefore, the allegation of

    discrimination or arbitrariness raised by the petitioners is wholly

    baseless.

    ******* Learned counsel would submit that the tender conditions clearly

    provided that the employer, namely Respondent No.1/WAPCOS Ltd.,

    reserved the right to accept or reject any bid without assigning any

    reason and that no bidder would have any cause of action against such

    decision. The petitioners, having participated in the tender process with

    full knowledge of the terms and conditions contained in the NIT, cannot

    now be permitted to challenge the same after having failed to comply

    with the essential requirement relating to bid security validity.

    ******* In view of the aforesaid facts and submissions, it is respectfully

    prayed that the present writ petition being devoid of merit and substance

    deserves to be dismissed.

    9. In response to the return/reply filed by learned counsel appearing for the

    respondents, a rejoinder has also been filed in the petition, in which
    27

    learned counsel appearing for the petitioners would submit that, the

    action of the respondent authorities in declaring the petitioners

    technically disqualified is wholly arbitrary, contrary to the terms of the

    Notice Inviting Tender (NIT) and violative of the settled principles

    governing public tender processes. It is submitted that the controversy in

    the present writ petition revolves around the interpretation of Clause 7 of

    the NIT dated 04.08.2025, particularly the note appended thereto which

    specifically stipulates that the Bid Security shall remain valid for a period

    of 45 days beyond the final bid validity period.

    ******* Learned counsel would submit that Clause 10 of the NIT clearly

    provides that the bid validity period shall be 90 days from the date of

    opening of the technical bid. Thus, in order to determine the validity of

    the bid security, it is necessary to first ascertain the correct date of

    opening of the technical bid and thereafter calculate the bid validity

    period of 90 days in accordance with the terms of the NIT.

    ******* It is submitted that as per the Technical Bid Summary prepared by

    the respondent authorities themselves, the technical bids were actually

    opened on 22.08.2025, which is evident from the bid opening summary

    report placed on record by the petitioners. Therefore, the period of 90

    days stipulated under Clause 10 of the NIT must necessarily be

    computed from 22.08.2025.

    ******* Learned counsel would submit that the respondents, in their

    return, have attempted to justify their action by calculating the validity

    period by counting both the starting and ending dates and thereby
    28

    introducing the expression “both days inclusive”, which does not form

    part of the original tender conditions. It is contended that the tender

    document nowhere states that the period of 90 days is to be counted by

    including both the first and the last day. The respondents, by inserting

    such words in their return, have effectively altered the tender conditions

    which is impermissible in law.

    ******* It is further submitted that the settled principle governing

    computation of time, particularly when the expression “from” is used, is

    that the first day is to be excluded. Therefore, when Clause 10 of the NIT

    provides that the bid validity period shall be 90 days from the date of

    opening of technical bid, the correct interpretation would require

    exclusion of the first day in the series. Applying this well-established

    principle, the period of 90 days would have to be calculated by excluding

    the date of opening of the technical bid and counting the days thereafter.

    ******* Learned counsel would submit that the respondents themselves

    have admitted in their e-mail communication dated 10.10.2025

    addressed to the petitioners that the technical bid was opened on

    22.08.2025 and that the bid security was required to remain valid up to

    04.01.2026. The said e-mail communication clearly records that the

    bank guarantee submitted by the petitioners was valid up to 18.10.2025

    against the required validity up to 04.01.2026, and on that basis the

    petitioners were declared disqualified.

    ******* However, in the return filed before this Hon’ble Court, the

    respondents have taken a completely different stand by stating that the
    29

    bid security was required to remain valid only up to 02.01.2026. Thus,

    the respondent authorities have taken two mutually contradictory

    positions with regard to the validity period of the bid security.

    ******* Learned counsel would submit that such contradictory stands

    taken by the respondents demonstrate arbitrariness and lack of

    transparency in the decision-making process. The respondents cannot

    be permitted to blow hot and cold at the same time by stating one thing

    in their official communication dated 10.10.2025 and an entirely different

    position in their counter affidavit filed before this Court.

    ******* It is further submitted that it is a settled principle of law that the

    validity of an administrative order must be judged on the basis of the

    reasons stated in the order itself and cannot be supplemented by fresh

    reasons subsequently introduced in the form of an affidavit. In support of

    this proposition, learned counsel places reliance upon the judgment of

    the Hon’ble Supreme Court in Mohinder Singh Gill v. Chief Election

    Commissioner, (1978) 1 SCC 405 wherein it has been categorically

    held that when a statutory authority makes an order based on certain

    grounds, its validity must be judged by the reasons so mentioned and

    cannot be supplemented by additional reasons in the shape of an

    affidavit.

    ******* Learned counsel would submit that the said principle has been

    reiterated by the Hon’ble Supreme Court in JVPD Scheme Welfare

    Trust v. MHADA, (2019) 11 SCC 361 wherein it has been held that an

    order must stand or fall on the reasons contained in the order itself and
    30

    the authorities cannot improve their case by introducing new

    explanations during the course of litigation.

    ******* Applying the aforesaid principle to the facts of the present case, it

    is submitted that the impugned communication dated 10.10.2025

    specifically mentions that the bid security was required to remain valid

    up to 04.01.2026. Therefore, the respondent authorities cannot now

    attempt to alter the said position by stating in their return that the validity

    period was only up to 02.01.2026. Such an attempt clearly amounts to

    introducing new reasons in order to justify an action which was

    otherwise unsustainable at the time it was taken.

    ******* Learned counsel therefore prays that the impugned

    communication dated 10.10.2025 declaring the petitioners disqualified

    deserves to be quashed and the respondent authorities be directed to

    treat the petitioners as technically qualified and to consider their bid in

    accordance with law. In the alternative, it is submitted that the tender

    process deserves to be reconsidered in order to ensure fairness,

    transparency and adherence to the conditions of the NIT.

    10. We have heard learned counsel for the parties and considered their rival

    submissions made herein above and also gone through the entire

    records of the case with utmost circumspection.

    11. The principal controversy involved in the present writ petition pertains to

    the interpretation of the tender conditions contained in the Notice Inviting

    Tender (NIT) dated 04.08.2025, particularly Clause 7 relating to validity

    of Bid Security and Clause 10 which provides that the bid validity period
    31

    shall be 90 days from the date of opening of the technical bid. The

    petitioners contend that the respondents have wrongly computed the

    period of bid validity and consequently the period for which the bid

    security was required to remain valid. According to the petitioners, the

    respondents have adopted an erroneous interpretation of the tender

    conditions in order to justify the disqualification of the petitioners and to

    extend an undue benefit to respondent No.4.

    12. At the outset, it is necessary to note that the tender conditions clearly

    stipulated that the Bid Security was required to remain valid for a period

    of 45 days beyond the final bid validity period, while the bid validity

    period itself was prescribed as 90 days from the date of opening of the

    technical bid. The tender evaluation authority, upon examination of the

    documents submitted by the bidders, found that the bank guarantee

    furnished by the petitioners was valid only up to 18.10.2025, whereas

    the required validity period extended beyond that date. On account of

    this deficiency, the technical bid of the petitioners was declared

    disqualified. On the other hand, the bank guarantee submitted by

    respondent No.4 was found to be valid up to 02.01.2026 with claim

    expiry date extending much beyond that period, and therefore the bid

    submitted by respondent No.4 was treated as compliant with the

    conditions of the NIT.

    13. The petitioners have attempted to demonstrate that the bid security

    ought to have remained valid up to 04.01.2026 and that the respondents

    have subsequently altered their stand by stating that the validity was

    required only up to 02.01.2026. However, upon careful examination of
    32

    the record, it appears that the difference sought to be highlighted by the

    petitioners arises essentially from the manner in which the period of

    validity has been calculated and not from any deliberate alteration of the

    tender conditions. In any event, even if the interpretation suggested by

    the petitioners is accepted for the sake of argument, the position

    remains that the bank guarantee submitted by the petitioners was valid

    only up to 18.10.2025, which is substantially shorter than either of the

    dates suggested by the parties. Therefore, the petitioners were clearly

    not compliant with the mandatory requirement of bid security validity.

    14. It is well settled that in matters relating to government tenders and

    award of contracts, the terms of the tender document are to be strictly

    adhered to and the tendering authority is the best judge of its

    requirements. Courts ordinarily do not interfere with the interpretation of

    tender conditions adopted by the authority which has issued the tender,

    unless such interpretation is shown to be arbitrary, mala fide or wholly

    unreasonable.

    15. The scope of judicial review in such matters has been authoritatively laid

    down by the Hon’ble Supreme Court in Tata Cellular v. Union of India,

    (1994) 6 SCC 651 wherein it was held that courts do not sit as appellate

    authorities over administrative decisions taken in contractual matters

    and judicial review is confined only to examining the decision-making

    process. The Court emphasized that the Government must have a

    certain freedom of contract and that the court should exercise restraint

    while reviewing decisions taken by expert bodies in tender matters.
    33

    16. Similarly, in Jagdish Mandal v. State of Orissa, (2007) 14 SCC 517 the

    Hon’ble Supreme Court has held that judicial review in tender matters is

    intended to prevent arbitrariness, irrationality, mala fides or bias, and not

    to examine whether the decision taken by the authority is the most

    correct or desirable one. The Court further cautioned that attempts by

    unsuccessful bidders to challenge tender decisions based on minor

    technical or procedural issues should ordinarily be discouraged, as

    interference in such matters may delay public projects and adversely

    affect public interest.

    17. The Hon’ble Supreme Court has reiterated the same principle in Afcons

    Infrastructure Ltd. v. Nagpur Metro Rail Corporation Ltd., (2016) 16

    SCC 818 wherein it was held that the interpretation of tender conditions

    primarily falls within the domain of the tendering authority and the court

    should not substitute its own interpretation unless the decision is

    arbitrary or irrational. Courts must respect the commercial wisdom of the

    authority responsible for executing the project.

    18. Applying the aforesaid principles to the facts of the present case, it

    becomes evident that the decision taken by the respondent authorities to

    disqualify the petitioners was based upon objective evaluation of the

    documents submitted by the bidders and in accordance with the tender

    conditions. The petitioners admittedly failed to furnish a bank guarantee

    that remained valid for the period required under the NIT. Such a

    condition relating to bid security is an essential requirement of the tender

    process, and non-compliance with the same necessarily results in

    disqualification of the bid.

    34

    19. The contention of the petitioners that the respondents have adopted

    inconsistent positions with regard to the calculation of the validity period

    also does not advance their case in any meaningful manner, for the

    simple reason that even on the interpretation suggested by the

    petitioners themselves, the bank guarantee submitted by them did not

    satisfy the mandatory requirement of validity.

    20. It is also pertinent to note that the tender evaluation process involves

    technical and commercial considerations which fall within the expertise

    of the tendering authority. Courts exercising jurisdiction under Article 226

    of the Constitution ordinarily refrain from interfering with such decisions

    unless there is clear evidence of arbitrariness, mala fides or violation of

    statutory provisions. In the present case, no such circumstance has

    been demonstrated by the petitioners.

    21. In view of the foregoing discussion, this Court is of the considered

    opinion that the petitioners have failed to establish any arbitrariness,

    mala fides or illegality in the decision-making process adopted by the

    respondent authorities while evaluating the bids submitted in response

    to the Notice Inviting Tender dated 04.08.2025. The petitioners

    admittedly did not comply with the mandatory requirement relating to the

    validity of the bid security and, therefore, the respondent authorities

    were justified in declaring the technical bid of the petitioners as

    disqualified.

    22. The law relating to judicial review of tender matters, as laid down by the

    Hon’ble Supreme Court in Tata Cellular, Jagdish Mandal and Afcons
    35

    Infrastructure Ltd. (supra) clearly mandates that the court should

    exercise restraint in interfering with contractual and commercial

    decisions of the State unless the action complained of is patently

    arbitrary or actuated by mala fides. In the present case, the decision of

    the respondent authorities appears to have been taken strictly in

    accordance with the tender conditions and in the larger interest of

    maintaining fairness and uniformity in the tender process.

    23. This Court is therefore not inclined to exercise its extraordinary

    jurisdiction under Article 226 of the Constitution of India to interfere with

    the impugned action of the respondents. Accordingly, the writ petition

    being devoid of merit is dismissed. No order as to costs.

                           Sd/-                                              Sd/-
                 (Ravindra Kumar Agrawal)                              (Ramesh Sinha)
                          Judge                                          Chief Justice
    
    ved
     



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