Shyam Raj P. vs. State Of Kerala
Held
The Court held that the omission of a signature on the declaration form was not a fatal defect, especially since the petitioner was allowed to cure a similar defect. It also found that the incorrect GST rate, as per tender clauses, would place the financial burden on the tenderer, not warrant rejection. The 4th respondent's bid, even with 18% GST and discount, remained lower.
Facts
A Kerala Government undertaking invited e-tenders for mineral sand work. The petitioner challenged the 4th respondent's bid, alleging it should be rejected due to an unsigned declaration form and an incorrect 9% GST rate quoted instead of the applicable 18%, which made the bid appear lower. The petitioner also had an initial defect in his declaration form but was allowed to rectify it.
Key Issues
Whether the 4th respondent's tender should be rejected for an unsigned declaration form or for quoting an incorrect GST rate. Whether the petitioner was the lowest eligible bidder.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943 WP(C) NO. 14171 OF 2021 PETITIONER: SHYAM RAJ P., AGED 57 YEARS S/O. PADMANABHAN, PROPRIETOR, SKILDERZ DEVELOPERS, ARJUNAM, THIRUVAMPADY, ALAPPUZHA-688011. BY ADVS. RENJITH B.MARAR LAKSHMI.N.KAIMAL ARUN POOMULLI SURABHI SANTHOSH BIJU VIGNESWAR MEERA M. RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF INDUSTRY AND COMMERCE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 KERALA MINERAL AND METALS LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, SANKARAMANGALAM, CHAVARA, KOLLAM-691583. 3 THE MANAGING DIRECTOR, KERALA MINERAL AND METALS LIMITED, SANKARAMANGALAM, CHAVARA, KOLLAM-691583. 4 B.SUNDARAN, CHAITHANYA, VALLOM, KOTTARAKKARA P.O., KOLLAM-691506. BY ADVS. K.ANAND (SR.) V.A.VINOD LATHA ANAND HARIKRISHNAN M.S.
..2.. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
..3.. P.B.SURESH KUMAR, J. ------------------------------------- W.P.(C) No.14171 of
The judgment continues below.
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