In a writ petition filed before the Lucknow Bench of Allahabad High Court, a Division Bench of Justice Shekhar B. Saraf and Justice Prashant Kumar heard grievances against a tender process and held that since the petitioner was an unsuccessful bidder who had already participated in the tender process, he could not be allowed to challenge the same.
The petitioner was aggrieved by a technical evaluation dated 15.09.2025 as well as the entire tender process. The petition was filed on the ground that the tender process did not follow the mandate of the Government Order dated 19.05.2023.
The respondents questioned the maintainability of the petition while submitting that the petitioner had participated in the entire tender process and was barred from challenging the same.
The Court perused a letter dated 25.08.2025 written by the petitioner in protest. However, it was noted that the respondents denied receiving the same, and the Court said that the petitioner’s contention that they had participated in the tender process after protesting remained unsubstantiated.
Further, the Court made a reference to decisions by the Supreme Court in Tata Motors Limited v. The Brihan Mumbai Electric Supply & Transport Undertaking (Best) and Ors 2023 INSC 574, Travancore Devaswom Board v. Ayyappa Spices AIR 2024 SC (Supp) 1354, as well as the decision of a Division Bench of this Court in Moksh Innovations Inc. v. State of U.P. & Ors. 2021 SCC OnLine All 206.
Noting the principles of the judgments mentioned above, the Court clearly found that the Writ Court should not ordinarily impose its decision over the employer’s decision as to whether to accept the bid of a tenderer unless something very gross is pointed out. Further, it was stated that a person who had participated in the tender process is barred from challenging the tender conditions at the closing stages when he stands unsuccessful. The Court clarified that any such challenge has to be made by the person at the very first instance.
The Court opined that since the petitioner was an unsuccessful bidder in the tender process, he could not be allowed to challenge the same, and thus, dismissed the petition.
Appearances:
For Petitioner – Mr. Pranav Agarwal, Ms. Anumita Chandra, Km. Vasundhara Mathur
For Respondent – C.S.C, Mr. Ashok Kumar Verma, Mr. Sharad Kumar Shukla
