In a recent ruling, the Patna High Court dismissed a writ petition filed by a construction company that had challenged the rejection of its bids in two government tenders. The Court ruled the matter as infructuous since no interim relief was granted and the tender process had likely concluded. This case serves as a reminder of the importance of timely legal intervention in public procurement disputes.
Simplified Explanation of the Judgment
The petitioner, a private construction firm, approached the Patna High Court under Article 226 of the Constitution seeking judicial intervention against the rejection of its technical bids in two government tenders. The tenders were floated by the Rural Works Department, Government of Bihar.
The petitioner claimed that it received two SMS notifications on 2 August 2016, stating that its bids for the tenders bearing IDs “2016_ECBIH_40990_1” and “2016_ECBIH_40985_1” were rejected during the technical evaluation by the duly constituted committee. The rejection was stated to be “AS PER NIT” (Notice Inviting Tender), without disclosing any specific reasons.
In its prayer, the petitioner sought the following:
- A writ of mandamus directing the respondents to produce the rejection orders.
- Acceptance of the technical bid if the only reason for rejection was the petitioner’s previous debarment from tenders.
- Any other appropriate directions or orders from the Court.
However, despite filing the petition in 2016, the matter came up for hearing much later. On the date of judgment, 4 May 2023, no one appeared on behalf of the petitioner. There was also no interim order in place to stay the tender process during the pendency of the writ.
As a result, the Court concluded that the tender process had either been completed or a new tender had already been floated. In such a scenario, the original grievance no longer survived, rendering the petition infructuous. Accordingly, the writ petition was dismissed.
Significance or Implication of the Judgment
This judgment highlights a critical procedural aspect for businesses and individuals participating in government tenders — the necessity of timely and proactive legal action. Once a tender is awarded or a new one is floated, any challenge to the earlier process often becomes meaningless.
The Court’s observation underscores that if a party fails to secure interim relief early in the litigation process, the matter may become infructuous by the time the case is heard. This is especially important in tender-related matters, where timelines are short and actions are often taken swiftly by government departments.
For public authorities, the case emphasizes the importance of maintaining transparency in tender rejection communications. Merely citing “AS PER NIT” in an SMS may not always satisfy legal scrutiny, although in this instance, the petitioner’s absence weakened the challenge.
Legal Issue(s) Decided and the Court’s Decision with Reasoning
- Issue: Whether the rejection of the petitioner’s technical bid without a detailed reason and only via SMS was legally valid.
- Court’s Decision: The Court did not adjudicate the validity of the rejection since the petition had become infructuous.
- Issue: Whether the petitioner was entitled to relief after such delay and absence of interim orders.
- Court’s Decision: Dismissed the writ petition as infructuous due to the lack of interim relief and likely conclusion of the tender process.
- Reasoning:
- Since the petitioner failed to appear for the hearing.
- No interim relief was granted when the petition was originally filed.
- Passage of time and absence of stay suggested that the tender process had already been finalized or replaced.
Case Title
Arpit Engicon Pvt. Ltd. v. The State of Bihar & Ors.
Case Number
Civil Writ Jurisdiction Case No. 14003 of 2016
Coram and Names of Judges
Hon’ble Mr. Justice P. B. Bajanthri
Hon’ble Mr. Justice Arun Kumar Jha
Names of Advocates and Who They Appeared For
For the Respondents: Mr. Ajay, GA 5
(For Petitioner: Not Present)
Link to Judgment
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