Public Interest Isn’t Just Revenue: Supreme Court Prioritizes Tender Sanctity Over Higher Bid
The Supreme Court held that post-tender rectification of a financial bid is impermissible as it undermines the sanctity and finality of the tender process. Judicial interference in tender awards is unwarranted absent mala fides, arbitrariness, or perversity. The terms of the tender document, which expressly prohibited changes to the bid, are binding on the parties.
Facts Of The Case:
The State of West Bengal invited bids for a Road User Fee collection contract. Mandeepa Enterprises (Respondent No. 1) participated and was found technically qualified. Upon opening the financial bids, Prakash Asphaltings (the Appellant) was declared the highest bidder (H1) at ₹91.19 crores for the 1095-day contract, while Mandeepa was the lowest (H4) at approximately ₹9.73 lakhs. After this resu...