Facts
The Petitioner, an engineering firm, participated in a tender invited by the Water Resources Department (Respondent No. 2) on 24.12.2025 for the reconstruction of the Bagod Anicut cum Lift Irrigation Scheme
Source reference: para 3The Petitioner submitted its bid on 14.01.2026, which was also the last date for submission
Source reference: para 4, 10During technical evaluation, the Petitioner was disqualified because its registration had been downgraded from 'Class-A' to 'Class-B' by an order dated 14.07.2025
Source reference: para 4Although the High Court set aside the degradation order on 22.01.2026 in a separate proceeding (WPC No. 6221/2025) and the authorities formally restored the Petitioner’s 'Class-A' status on 10.02.2026, the Respondent Department maintained the disqualification via a communication dated 06.03.2026
Source reference: para 5-6The Petitioner challenged this disqualification, arguing that the restoration of status should relate back to the bid date and that they had quoted a lower price than the successful bidder (Respondent No. 3)
Source reference: para 6-7Issues
1. Whether the eligibility of a bidder must be determined based on the status existing on the last date of bid submission or whether subsequent restoration of eligibility can be considered
Source reference: para 8, 112. Whether the decision of the respondent authority to disqualify the Petitioner was arbitrary, illegal, or contrary to tender jurisprudence
Source reference: para 6, 13Law Applied
a bidder's eligibility must be strictly examined with reference to the conditions stipulated in the Notice Inviting Tender (NIT) and the bidder's status as of the last date for bid submission
Source reference: para 11subsequent events occurring after the cut-off date cannot be considered to determine eligibility, and the tendering authority is bound by the NIT terms without the power to relax criteria once the process commences
Source reference: para 11judicial interference in contractual and tender processes is limited to instances of proven arbitrariness, mala fides, or procedural impropriety
Source reference: para 13Reasoning
The Court observed that the admitted last date for bid submission was 14.01.2026
Source reference: para 10On this crucial date, the Petitioner’s registration remained downgraded to 'Class-B' pursuant to the order of 14.07.2025
Source reference: para 10The Court reasoned that the High Court’s subsequent order of 22.01.2026 and the formal restoration order of 10.02.2026 were post-facto developments that did not confer retrospective eligibility for the purpose of the tender
Source reference: para 12The Court rejected the Petitioner's argument that the setting aside of the degradation order should override the status on the submission date, concluding that the Department acted in strict conformity with the NIT by evaluating the Petitioner’s status as it existed at the cut-off time
Source reference: para 12Since the Petitioner lacked 'Class-A' registration on 14.01.2026, the technical disqualification was neither arbitrary nor procedurally improper
Source reference: para 13Holding
The High Court dismissed the writ petition, holding that the Petitioner was ineligible at the time of bid submission
The Court affirmed that restoration of a contractor's class status after the tender deadline does not entitle them to participate if they were unqualified on the last date of submission
Source reference: para 12Finding no illegality or arbitrariness in the Respondent's decision-making process, the Court declined to interfere with the award of the tender to Respondent No. 3
Source reference: para 13-14No costs were ordered
Source reference: para 14Original Court PDF
ASHOK KUMAR MITTALvsSTATE OF CHHATTISGARH
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