Allahabad High Court
M/S Sudha Singh Thru Proprietor ... vs State Of U.P.Thru ... on 15 March, 2021
Bench: Devendra Kumar Upadhyaya, Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 2
Case :- MISC. BENCH No. - 5977 of 2021
Petitioner :- M/S Sudha Singh Thru Proprietor Sudha Singh
Respondent :- State Of U.P.Thru Prin.Secy.Rural Engineering Lko & Ors.
Counsel for Petitioner :- Birendra Pratap Singh
Counsel for Respondent :- C.S.C.
Hon'ble Devendra Kumar Upadhyaya,J.
Hon'ble Manish Kumar,J.
Heard learned counsel for petitioner and learned Additional Chief Standing Counsel representing the respondents.
This petition filed under Article 226 of the Constitution of India seeks to challenge the decision of the respondents whereby the petitioner's technical bid pursuant to tender notice dated 06.01.2021 has been rejected and the same has been found non responsive. The reason indicated by the respondents for rejecting the technical bid is that in the affidavit of correctness, which was required to be filed along with bid, the petitioner had indicated bid no.034 in place of bid no.1034.
It has been contended by learned counsel for petitioner that such mistake, in fact, does not materially affect the tender process and hence the petitioner ought to be given an opportunity to correct the same.
On the other hand, learned Additional Chief Standing Counsel relying upon a judgement of Hon'ble Supreme Court in the case of West Bengal State Electricity Board vs. Patel Engineering Co. Ltd and others, reported in (2001) 2 SCC 451 has contended that in exercise of our jurisdiction of judicial review, relief in such matters permitting an opportunity to the tenderer to correct the mistake in tender document cannot be granted. The law relating to equitable relief in such matters has been summarized by Hon'ble Supreme Court in para 27 of the judgment in the case of West Bengal State Electricity Board (supra), which is extracted hereinbelow:-
"27. Exceptions to the above general principle of seeking relief in equity on the ground of mistake, as can be culled out from the same para, are :
(1) where the mistake might have been avoided by the exercise of ordinary care and diligence on the part of the bidder; but where the offeree of the bid has or is deemed to have knowledge of the mistake, he cannot be permitted to take advantage of such a mistake.
(2) where the bidder on discovery of the mistake fails to act promptly in informing to the authority concerned and request for rectification, withdrawal or cancellation of bid on the ground of clerical mistake is not made before opening of all the bids.
(3) where the bidder fails to follow the rules and regulations set forth in the advertisement for bids as to the time when bidders may withdraw their offer; however where the mistake is discovered after opening of bids, the bidder may be permitted to withdraw the bid."
What we find is that even if, as claimed by the petitioner, the mistake which has crept in while submitting the bid is non-material or non-vital, in absence of any such provision in the notice inviting tender, the respondents cannot waive the condition of correctly furnishing information. Even otherwise to claim any relief in equity in such matters, bidder on discovery of mistake has to act promptly by informing the authorities and making request for rectification of the said mistake. In the instant case the last date of uploading the bid was 21.01.2021 and the decision to reject the technical bid has been taken by the respondents on 22.02.2021. During this period the petitioner did not intimate the respondents of the said mistake and has filed writ petition only once technical bid on the aforementioned ground has been rejected.
Accordingly, in view of the law laid down by Hon'ble Supreme Court in the case of West Bengal State Electricity Board (supra), we are not inclined to grant any relief in this petition.
The writ petition is thus dismissed.
Order Date :- 15.3.2021
Renu/-
