Rahmathulla K.K. vs. State Of Kerala
Held
The Court upheld the re-evaluation and award of the work to the 4th respondent, finding it lawful and in public interest to prevent government loss. It ruled that minor variations in tender conditions do not warrant interference under Article 226 without allegations of arbitrariness or malafides.
Facts
A petitioner challenged the award of a tender for a check dam construction to the 4th respondent. Initially declared L-1, the petitioner was later superseded after a re-evaluation based on a clarification that tender fees below Rs. 5,000/- were exempt from GST, making the 4th respondent the actual lowest bidder.
Key Issues
Can a tender awarding authority re-evaluate bids and change the L-1 bidder based on a clarification regarding GST exemption on tender fees, even after an initial L-1 declaration, to ensure the lowest bid is accepted and prevent loss to the government?
Sections Cited
GST S.11(1) of the GST Rules 2017
AI-generated summary — verify with the full judgment below
WP(C).No.16002 OF 2020(A) 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE SMT. JUSTICE P.V.ASHA TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943 WP(C).No.16002 OF 2020(A) PETITIONER/S: RAHMATHULLA K.K. AGED 56 YEARS KANICHADI KUZHIYIL HOUSE, CHERUVADI.P.O., MAVOOR, KOZHIKODE-673661, KERALA. BY ADVS. SRI.V.K.PRASAD SRI.M.PRAVEESH RESPONDENT/S: 1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, IRRIGATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 SUPERINTENDING ENGINEER, MINOR IRRIGATION CIRCLE, KAVERI HOUSE, WEST HILL.P.O., KOZHIKODE-673005. 3 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, OFFICE OF THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, CIVIL STATION, KOZHIKODE-673020. 4 M.M.BALAKRISHNAN, CHERIYAMADATHIL HOUSE, KALPATHOOR, MEPPAYYUR, PINCODE-673524, KOZHIKODE. R4 BY ADV. SRI.K.B.ARUNKUMAR OTHER PRESENT: SMT.VINITHA.B, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.16002 OF 2020(A) 2 JUDGMENT Dated this the 23rd day of March 2021 The petitioner challenges finalisation of the tender in favour of the 4th respondent.
Ext.P1 not
The judgment continues below.
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