J&K&L High Court Clarifies Arbitrariness in Bid Rejection

Viewfinder:

Ranjit Publicity Pvt Ltd had challenged the decision of the Jammu Municipal Corporation for rejecting its technical bid concerning e-NIT No. 78(P) of 2022-23, which dealt with fixing Static Ad Panels in Jammu City. The corporation’s decision favored another bidder, M/S Altaf Constructions. The Court examined if the rejection was arbitrary or if any procedural lapses occurred during the bid evaluation.

Background:

Ranjit Publicity Pvt Ltd claims to be a Micro Small Medium Enterprises (MSME) Unit. The company had participated in a tendering process and subsequently contested the rejection of its bid, emphasizing that the rejection was without any reasonable ground. They sought various reliefs, including a quash of the decision and the acceptance of their bid.

Question(s) of Law:

Did the Jammu Municipal Corporation act arbitrarily in rejecting the technical bid of Ranjit Publicity Pvt Ltd? Was the decision actuated by mala fide intent or bias?

Order:

The High Court of Jammu & Kashmir and Ladakh dismissed the petition, siding with the Jammu Municipal Corporation. It found that the petitioner had failed on multiple counts to satisfy the conditions of the technical bid. The decision was not found to be arbitrary, mala fide, or irrational.

Judge:

Hon’ble Mr. Justice M A Chowdhary

Lawyers:

Mr. Gagan Kohli represented Ranjit Publicity Pvt Ltd. The official respondents were represented by Mr. Rajnish Raina, and

M/S Altaf Constructions was represented by Mr. Zaffar Qadri.

Date of Order:

04.10.2023

Title of the Case:

Ranjit Publicity Pvt Ltd v/s Jammu Municipal Corporation & Others