M/S Krishan Kumar vs Chaudhary Charan Singh Haryana Agricultural University And Others

159-2026 (O&M)

-1-
CWP-301


IN
THE HIGH COURT OF PUN
NJAB AND HARYANA AT
GARH
CHANDIG
117
CW
WP-30159-2026 (O&M)

Reserved
on
d Pronounced Uploaded
on on
Whether only
the operative
part of the
judgment is
pronounced
Whether t
full judgme
is
pronounced
the
ent
d
13.10.202
26 02.11.2026 05.11.2026
No Yes


SHAN KUMAR

...PETITIONER
M/S KRIS
R

VERSUS

CHAUDH
UNIVERS
HARY CHARAN SINGH HARY
YANA AGRICULTURAL

SITY AND OTHERS
.. .RESPONDENTS
S

CORAM

M: HON'BLE MR. JUSTICE S
SUVIR SEHGAL
RAJESH GAUR
R
HON'BLE MR. JUSTICE

Present:
Mr. R.K. Arora, Senior Advo
Mr. Jugam Arora, Advocate
Mr. Shivam Ahuja, Advocate
for the petitioner.

Mr. Shreenath A. Khemka, A
Mr. Devraj Asati, Advocate
for the respondents-Universit

*

SEHGAL, J.
ocate with
and
e
Advocate and
ty.


SUVIR S
1.
Petitioner has invoked the ex
xtraordinary writ jurisdiction of t
this
Court und
der Articles 226/227 of the Cons
stitution of India, seeking quash
hing
of decisio
on dated 02.09.2026, Annexure
P-6, whereby its technical bid w
was
SHEETAL
2026.11.05 14:00
I attest to the accuracy and
integrity of this document

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declared
as ‘not eligible’ by the Ten
nder Evaluation and Finalizat
tion
Committe
ee, (for short “the Committee”)
constituted by Chaudhary Cha
aran
Singh Ha
aryana Agricultural University
y (hereinafter referred to as “
“the
University
y”). A consequential directi
ion has also been sought
for
reconside
ration of the petitioner’s tec
chnical bid and for declaring
g it
technicall
ly eligible.
2.
Respondent-University invit
ted tenders for execution of w
work
relating to
o “Field Operations for Farm A
Area” having an estimated value
e of
Rs.8,39,73
3,000/-. This tender was initial
lly floated on 10.08.2026 and w
was
subsequen
ntly re-invited with effect from 2
26.08.2026. Petitioner submitted
d its
bid pursu
uant, thereto. In its meeting he
eld on 02.09.2026, the Commit
ttee
examined
d the technical bids submitte
ed by seven participating firm
ms,
including
the petitioner. Five firms w
were declared technically eligib
ble,
whereas p
petitioner and one other firm, we
ere found ineligible. Petitioner w
was
found to b
be technically ineligible under C
Clause 36 (xii) of the tender ter
rms
and condi
itions, Annexure P-1.
3.
Mr. R.K. Arora, learned s
senior counsel for the petitio
oner
contends
that petitioner has been associ
ated with the University for m
more
than two
o decades and possesses suff
ficient experience in perform
ming
agricultur
ral operations of a similar nature
. He submits that requisite EPF/E
ESI
challans a
and statements had been duly up
ploaded along with the technical
bid
and that t
tender document did not prescr
ribe any condition mandating t
that
contributi
ions pertaining to a particular
year have to be deposited wit
thin
SHEETAL
2026.11.05 14:00
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integrity of this document
same fina
ancial year. He urges that respond
dents have introduced an additio
onal

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eligibility
y condition after the commencem
ment of tender process, which is
not
permissib
ble.
4.
Upon notice, respondent-Uni
iversity has filed an affidavit da
ated
21.09.202
26, described as “additional affid
davit”, justifying the decision tak
ken
by the C
Committee. It has been stated
that University had encounte
ered
difficultie
es as the contractors failed to d
discharge their statutory obligat
tion
concernin
ng EPF/ESI contributions, which
h resulted in initiation of recov
very
proceedin
ngs against University.
5.
Mr. Shreenath A. Khemk
ka, counsel for the responde
ent-
University
y, urges that Committee found t
that EPF/ESI challans concernin
ng a
minimum
m of 20 persons deployed by peti
tioner during each of the preced
ding
two years
s had not been uploaded in the
prescribed manner. He points
out
that contr
ributions pertaining to financial
l years 2024-25 and 2025-26 w
were
deposited
by petitioner during the financ
cial year 2026-27, which could
not
be treated
d as payments made during
the respective financial years.
. A
reference
has also been made by him to
the payment record appended w
with
the additi
ional affidavit. He also points
out that petitioners earlier retu
urns
reflect co
ontributions qua miniscule num
mber of employees, which w
were
subsequen
ntly revised. However, revised
d contributions in respect of
40
employee
es were deposited in August 202
26 after the issuance of the ten
nder
notice on
10.08.2026. He has also drawn
n the attention of the Court to
the
chart dep
icting the recovery notices issu
ued to petitioner by the Employ
yees
Provident
t Fund Organization regarding n
non-payment of dues pertaining
g to
SHEETAL
2026.11.05 14:00
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integrity of this document
petitioner
’s earlier contracts.

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6.
Petitioner has filed a replic
ation controverting the allegati
ons
leveled by
y the University. It has been sta
ated that the allegations of habit
tual
default, f
fraud or earlier statutory proc
ceedings are not material to
the
decision-m
making process of the Commit
ttee. Petitioner has also placed
on
record EP
PF contribution records relating
g to other participating firms a
and
alleges th
hat similarly situated bidders h
have been declared to be eligi
ible
despite de
elayed payments. It has been con
ntended that the financial quotat
tion
of petition
ner for the tendered works is low
wer than other participating firms
s.
7.
We have heard counsel for th
he parties and considered their ri
ival
submissio
ons, besides analyzing the docum
ments relied upon by them.
8.
Principles governing judicia
al review in contractual and ten
nder
matters ar
re well established. In Tata Cellu
ular Versus Union of India, (19
994)
6 SCC 65
51 , Hon’ble Supreme Court hel
ld that judicial review is prima
rily
concerned
d with the decision making proc
cess and not with the merits of
the
administra
ative decision itself. In Jagdish
h Mandal Versus State of Ori
issa
and other
rs, (2007) 14 SCC 517 , Suprem
me Court reiterated that interfere
nce
in tender
matters can be made only whe
ere the process adopted or decis
sion
taken is m
mala fide , arbitrary, irrational or
biased. Merely because a differ
rent
view is
possible, is not sufficient to
o invoke the extraordinary w
writ
jurisdictio
on. In Afcons Infrastructure Li
imited Versus Nagpur Metro R
Rail
Corporati
ion Limited and another, (2016
6) 16 SCC 818 , it was held that
the
tendering
authority, being the author of t
the tender document, is best pla
aced
to apprec
ciate and interpret its requireme
ents. Interpretation adopted by
the
SHEETAL
2026.11.05 14:00
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integrity of this document
tendering
authority cannot ordinarily be
disturbed unless it is shown to
o be

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perverse,
mala fide or intended to favour
r a particular participant. Afores
said
principles
s have also been reiterated in
Silppi Constructions Contract
tors
Versus U
Union of India and another, (202
20) 16 SCC 489 and N. G. Proje
ects
Limited V
Versus Vinod Kumar Jain and o
others, (2022) 6 SCC 127 .
9.
Controversy in the present c
case primarily revolves around
the
interpreta
tion of Clause 36 (xii) of the ten
nder document, which is reprodu
ced
here unde
er:-
“(xii) Whether t
case pending ag
EPF/ESI/Minimum Wa
to this effect be furni
submitting an affidavi
The tender would be
who are duly registe
registration is continu
order to ensure the bo
& ESI challan of minim
each year in past 2 yea
applying under the ten
only after the Contra
the amount towards la
deposited with the sta
period.”

A cursory reading of the abo
the firm has any legal suit/crimi
gainst it for violation
ages Act or other laws. Declarat
inal
of
tion
r by
ished by the agency/contractor
it attested by notary in this rega
ard.
allotted to only those contract
ered with the EPFO and wh
uing without any default or dues
tors
hose
. In
EPF
onafide of the Contractor, the E
mum 20 persons deployed by him
ars shall be submitted at the time
nder. The payment shall be relea
actor showing adequate proof t
abour/EPF/ESI dues have been d
m in
e of
ased
that
duly
vant
atutory authorities for the relev
10.
ove reproduced clause shows tha
at it
requires c
continuing registration without
t any default or dues along w
with
productio
n of EPF/ESI challan depictin
ng deposit for a minimum of
20
persons in
n each of the preceding two ye
ears. The purpose of insisting up
pon
challans f
for preceding two years was ev
vidently to enable the University
y to
assess wh
hether a contractor had made
e the statutory compliance. T
This
condition
was intended to safeguard the
e interests of the workers engag
ged
through o
outsourcing arrangement and
to protect the University agai
inst
SHEETAL
2026.11.05 14:00
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integrity of this document

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potential
liabilities arising from failure o
of the contractors to discharge th
heir
statutory
obligations. Due regard has to
be given to the condition, wh
hich
requires th
hat the registration should be con
ntinuous, without default of dues
s.
11.
Records referred to by the
University in its affidavit indic
cate
that contr
ributions made by petitioner for
a substantial part of the preced
ding
two years
s were deposited belatedly or
were subsequently revised dur
ring
August, 2
2026, after the issuance of tend
der notice. Although, petitioner
has
tried to ju
ustify the deposit by urging that t
there is no condition in the contr
ract
document
t requiring mentioning that bela
ated defaults cannot be accepted
d as
the abov
ve reproduced Clause very
categorically mentions that
the
registratio
on of petitioner should be contin
nuous without any default or du
ues,
which is
not the situation in the present
t case. It is, therefore, evident t
that
petitioner
r had violated Clause 36 (xii) o
of the tender document, which w
was
very much
h a part of the tender document
t and there is no reason to interf
fere
with the d
decision taken by the Committee
.
12.
Petitioner’s objection conce
erning supplementation of reas
ons
for decisi
on by the University in its affid
davit does not render the impugn
ned
decision u
unsustainable since the essential
l ground concerning compliance
e of
Clause 36
6 (xii) is reflected in the decision
n taken on 02.09.2026, Annexure
e P-
6. Insofar
r as alleged inability of other
participating firms is concern
ned,
suffice is
to mention that mere existenc
ce of delayed transaction does
not
establish t
that such bidders were identicall
ly situated with petitioner in resp
pect
to the ext
tent of default in deposit of the s
statutory dues. Petitioner’s cond
duct
SHEETAL
2026.11.05 14:00
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integrity of this document
during its
performance of previous contra
acts has saddled the University w
with

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as many
as twelve cases including re
ecovery notices issued under
the
Employee
es’ State Insurance Act, 1948.
Quotation of the lowest financ
cial
rates does
s not improve the case of petiti
ioner, who otherwise has not b
een
found to b
be technically ineligible as his p
previous conduct has burdened
the
University
y with financial liability. There
are no allegations of mala fides
s or
extraneou
us consideration against the U
University and the allegation
of
discrimina
ation leveled by petitioner is
not established. Interpretation
of
Clause 3
6 (xii) adopted by the Comm
mittee by virtue of its impugn
ned
decision,
Annexure P-6, is justified and
d does not warrant interference
e in
exercise o
of power under Article 226 of the
e Constitution of India.
13.
For the foregoing reasons, th
his Court does not find any grou
und
to interfe
ere with the decision dated 02
.09.2026, Annexure P-6, where
eby
petitioner
r's technical bid has been declar
red ineligible. As a result, pres
sent
writ petiti
ion is dismissed with no order as
s to costs.
14.
All pending miscellaneous
application(s), if any, shall a
also
stand disp
posed of.






(SUVIR SEHGAL)
JUDGE
RAJESH GAUR
( )
JUDGE

02.11.202
sheetal


26
Whether Speaking/reasoned Ye
Whether Reportable Ye
es/No
es/No

SHEETAL
2026.11.05 14:00
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integrity of this document