GLODYNE TECHNOSERVE LTD. versus STATE OF M.P. & ORS.

GLODYNE TECHNOSERVE LTD. versus STATE OF M.P. & ORS.

The appellant failed to submit the required active ISO 9001:2000 certificate with its bid documents as mandated by the corrigendum; whether to accept explanation for such failure lies within the discretion of the tender authority, and rejection of the technical bid was not perverse or arbitrary.

Parties
Appellant: Glodyne Technoserve Ltd.; Respondents: State of Madhya Pradesh & Ors.
Jurisdiction
India
Judgment Date
04 April 2011
Procedural Posture
Civil Appeal / Final Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Tender Process, Eligibility Criteria, Technical Bid Evaluation
Administrative Law Government Contracts Tender Process Eligibility Criteria Technical Bid Evaluation

Case Brief

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Parties

Glodyne Technoserve Ltd.

Appellant

State of Madhya Pradesh & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the appellant's bid was rightly disqualified for failure to submit an active ISO 9001:2000 certificate as per corrigendum requirements.
  2. 2 Whether the discretionary power of the tender authority was exercised properly in rejecting the bid.

Ratio Decidendi

The appellant failed to submit the required active ISO 9001:2000 certificate with its bid documents as mandated by the corrigendum; whether to accept explanation for such failure lies within the discretion of the tender authority, and rejection of the technical bid was not perverse or arbitrary.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs.