BAKSHI SECURITY AND PERSONNEL SERVICES PVT. LTD versus DEVKISHAN COMPUTED PVT. LTD. AND ORS.

BAKSHI SECURITY AND PERSONNEL SERVICES PVT. LTD versus DEVKISHAN COMPUTED PVT. LTD. AND ORS.

Bids that do not strictly comply with essential tender conditions, particularly those relating to minimum wage compliance and fixed pricing, are liable to rejection. The court cannot use writ jurisdiction to alter contractual terms or make new bargains between parties. The High Court was incorrect in treating an...

Source-derived case information.

Parties
Appellant: Bakshi Security and Personnel Services Pvt. Ltd.; Respondent No. 1: Devkishan Computed Pvt. Ltd.; Respondent No. 3: Airan Consultants Pvt. Ltd.
Jurisdiction
India
Judgment Date
26 July 2016
Procedural Posture
Civil Appeal / Final Appeal From Gujarat High Court Judgment in Special Civil Application No. 18647 of 2015
Outcome
Appeal allowed; Gujarat High Court decision set aside.
Legal Topics
Tender Conditions, Minimum Wage Compliance, Judicial Review, Writ Jurisdiction, Public Procurement
Contract Law Administrative Law Constitutional Law Tender Conditions Minimum Wage Compliance Judicial Review Writ Jurisdiction Public Procurement

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Parties

Bakshi Security and Personnel Services Pvt. Ltd.

Appellant

Devkishan Computed Pvt. Ltd.

Respondent No. 1

Airan Consultants Pvt. Ltd.

Respondent No. 3

Procedural Posture

Civil Appeal / Final Appeal From Gujarat High Court Judgment in Special Civil Application No. 18647 of 2015

Legal Issues

  1. 1 Whether bids in a government tender must strictly comply with essential conditions including minimum wage requirements
  2. 2 Whether writ jurisdiction can be used to revise contractual terms between parties
  3. 3 Whether an open-ended bid is valid under the tender conditions

Ratio Decidendi

Bids that do not strictly comply with essential tender conditions, particularly those relating to minimum wage compliance and fixed pricing, are liable to rejection. The court cannot use writ jurisdiction to alter contractual terms or make new bargains between parties. The High Court was incorrect in treating an open-ended and non-compliant bid as valid and matching revised wage calculations.

Court Disposition

Appeal allowed; Gujarat High Court decision set aside.

Orders

  • The Government may proceed in finalizing the tender in favour of the Appellant.
  • No order as to costs.