Kingdom Protection Services Private Limited vs. The Registrar, Cochin University Of Science And Technology
Held
The High Court held that CUSAT was justified in seeking clarifications from bidders who did not quote rates in the specified format, as this opportunity was extended to multiple bidders and did not prejudice the petitioner. The Court found that the 2nd respondent's bid was significantly lower, resulting in substantial savings for the University, and that the technical specifications were adequately met. Citing the limited scope of judicial review in commercial transactions, the Court found no reason to interfere with CUSAT's decision.
Facts
The Cochin University of Science and Technology (CUSAT) invited tenders for security services. The petitioner, a previous contractor, submitted a bid, but CUSAT decided to award the contract to the 2nd respondent, whose bid was found to be lower after seeking clarifications from multiple bidders regarding their quoted rates. The petitioner challenged this decision, arguing that the 2nd respondent did not comply with mandatory tender conditions regarding rate quotation format and technical specifications.
Key Issues
Whether the University's decision to seek clarifications from bidders who did not strictly adhere to the tender's rate quotation format was arbitrary or illegal. Whether the successful bidder met the technical specifications outlined in the tender document.
Sections Cited
The Minimum Wages Act
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942 WP(C).No.24881 OF 2020(I) PETITIONER: M/s.KINGDOM PROTECTION SERVICES PRIVATE LIMITED, D.NO.41/2445, SREEKALA ROAD, NEAR ERNAKULAM MEDICAL CENTRE, VENNALA.P.O, KOCHI-682028, REPRESENTED BY ITS DIRECTOR REJI.K.RAJAN. BY ADVS. SRI.M.JITHESH MENON SMT.K.INDU (POURNAMI) SRI.R.BRIJESH SRI.P.G.MAHESHKUMAR RESPONDENTS: 1 THE REGISTRAR, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, COCHIN UNIVERSITY.P.O, KALAMASSERY, ERNAKULAM, KOCHI-682022. 2 GROUP VII GUARDS(INDIA)PVT.LTD, C.C.32/426, PALLLISSERY ROAD, NEAR PALLLISSERY JUNCTION, PALARIVATTOM, KOCHI-682025, REPRESENTED BY ITS AUTHORISED OFFICER. R1 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY R2 BY ADV. SRI.A.C.DEVY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.24881/2020 2 JUDGMENT Dated this the 11th day of January, 2021 The petitioner a company running security services is before this Court seeking to direct the 1st respondent to allot work of supply of security personnel to the petitioner for the year 2019-2020,
The judgment continues below.
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