Facts
The first respondent, District Rural Development Agency, floated a tender for the formation of a road.
Source reference: p.2The appellant firm, Sasi Road Finishers and Engineering Contractors, submitted its tender documents on 30.10.2025 and was found eligible.
Source reference: p.2The second respondent, M.S.Chinnakannu and Co, was initially disqualified on 24.11.2025 but was later admitted as a qualified bidder on 06.02.2026, enabling participation in financial bidding.
Source reference: p.2The appellant challenged this decision, seeking to quash the order dated 08.02.2026 and direct the first respondent to award the contract to the eligible and lowest bidder as of 24.11.2025, which led to W.P.No.5126 of 2026.
Source reference: p.3The learned Single Judge dismissed the writ petition on 25.02.2026, leading to the present writ appeal.
Source reference: p.3-4The second respondent had previously filed W.P.No.46732 of 2025 after their technical bid was rejected for not filing an original affidavit under Clause 11.3 of the e-tender document, wherein an interim stay was granted.
Source reference: p.5This writ petition was withdrawn on 06.02.2026, and the first respondent issued a letter of acceptance to the second respondent, with work commencing thereafter.
Source reference: p.5Issues
1. Whether the tender inviting authority lacked jurisdiction to reconsider the second respondent's tender after initial disqualification on 24.11.2025, due to non-compliance with Clause 11.3 of the tender conditions?
Source reference: p.32. Whether the learned Single Judge erred in finding no arbitrariness, mala fide, or violation in the tender process, and that the omission by the second respondent was curable and non-prejudicial?
Source reference: p.4, 5-6Law Applied
The court primarily applied the principles governing judicial interference in tender matters, as established in *Jagdish Mandal v. State of Orissa* (2007) 14 SCC 517.
Source reference: p.6This precedent stipulates that courts should not interfere under Article 226 if the process adopted or decision made by the authority is not mala fide, not intended to favor someone, and not so arbitrary and irrational that no responsible authority acting reasonably could have reached it, provided public interest is not adversely affected.
Source reference: p.6Additionally, the scope of a letters patent appeal was considered, as expounded in *Baddula Lakshmaiah v. Sri Anjaneya Swami Temple* (1996) 3 SCC 52, which confines the appellate court to reviewing the correctness of the order passed by the learned Single Judge within the same jurisdiction.
Source reference: p.7Reasoning
The court engaged in an analysis of the learned Single Judge's decision, who, after perusing the original file, concluded that there was no violation in the tender process, nor any arbitrary extension of time, or mala fide attributable to the first respondent in awarding the contract.
Source reference: p.5The learned Single Judge found that for every minor error or unsavory action in the tender process, judicial interference is not warranted, especially when the larger public interest of road construction in a remote village is considered.
Source reference: p.5-6The learned Additional Advocate General argued that the second respondent's omission to submit the original affidavit within the prescribed time was a curable, non-prejudicial, and procedural in nature, and highlighted a significant difference of Rs. 26 lakhs between the rates quoted by the second respondent and the appellant.
Source reference: p.4Applying the *Jagdish Mandal* tests, the court noted that the Single Judge had definitively found no arbitrariness or mala fide and that the project served a larger public interest.
Source reference: p.6, 7Consistent with *Baddula Lakshmaiah*, the appellate court limited its review to the correctness of the Single Judge's order.
Source reference: p.7Holding
The High Court dismissed the writ appeal.
The court found no error in the order passed by the learned Single Judge warranting interference, thereby affirming the Single Judge's decision that there was no arbitrariness or mala fide in the tender process and that the award of the contract to the second respondent served the larger public interest of road construction.
Source reference: p.7, 8The interim applications were closed.
Source reference: p.8Original Court PDF
Sasi Road Finishers and Engineering ContractorsvsThe State of Tamil Nadu
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