Amar Kumar Rai vs. The State Of Jharkhand Through The Chief Secretary

Held

The Court held that the submission of the GST clearance certificate for October 2023 was a mandatory condition as per clause 14(2) of the tender conditions. The petitioner admittedly did not submit this required document. Therefore, the petitioner's tender could not have been treated as a valid tender by the respondents. Even if the petitioner was technically qualified and his bid was the lowest, the non-submission of the requisite GST clearance certificate meant he was not entitled to the relief of quashing the decision rejecting his tender. The Court found no merit in the petitioner's claim and dismissed the writ petition.

Facts

The petitioner, Amar Kumar Rai, submitted a tender for a project. A mandatory condition of the tender, as per clause 14(2), was the submission of a GST clearance certificate for October 2023. The petitioner failed to submit this certificate along with his tender. Consequently, his tender was rejected by the respondents, despite him being technically qualified and having submitted the lowest bid. The petitioner filed a writ petition before the High Court challenging the rejection of his tender.

Key Issues

1. Whether the rejection of the petitioner's tender was justified, considering the mandatory requirement of submitting a GST clearance certificate for October 2023 as per tender condition 14(2)? Petitioner's argument: The petitioner contended that despite not submitting the GST clearance certificate, his tender should have been considered valid as he was technically qualified and had submitted the lowest bid. The petitioner implicitly argued that the rejection was arbitrary given these factors. Revenue/State's argument: The respondents argued that the submission of the GST clearance certificate for October 2023 was a mandatory tender condition. Failure to comply with this condition rendered the tender invalid, irrespective of technical qualification or bid price.