Odiscience Resources Private Limited vs. State Of Odisha

Held

The Court held that the action of the respondent authority in rejecting the petitioner's tender was justified. The Court found that the tender conditions clearly stipulated the requirement of submitting a self-attested copy of an Up-to-date GST Clearance Certificate. The petitioner's admission that this document was not submitted meant they failed to comply with a mandatory condition of the tender. Therefore, the Court was of the opinion that the authority's action could not be faulted. The Court was not inclined to admit the writ petition, and accordingly, it was dismissed in limine without costs.

Facts

The petitioner submitted a tender, which was rejected by the respondent authority. The reason for rejection was the non-submission of a GST Clearance Certificate. The tender conditions explicitly required the annexation of a self-attested copy of an up-to-date GST Clearance Certificate with the tender documents. The petitioner admits that this certificate was not submitted. The petitioner filed a writ petition challenging the rejection of their tender.

Key Issues

1. Whether the rejection of the petitioner's tender was justified on the grounds of non-submission of the GST Clearance Certificate, as stipulated in the tender conditions? Petitioner's contention: The petitioner argued that the rejection of their tender was arbitrary and illegal due to the non-submission of the GST Clearance Certificate. (No specific provision or precedent was mentioned in the judgment for the petitioner's argument). Revenue/State's contention: The respondent authority contended that the rejection was in accordance with the tender conditions, which clearly mandated the submission of a self-attested copy of an up-to-date GST Clearance Certificate. The authority pointed out that the petitioner admittedly failed to comply with this requirement.