Shri Balaji Think Media PVT. Limited vs. Municipal Corporation Raipur

Facts

The petitioner, Shri Balaji Think Media Pvt. Limited, filed a writ petition challenging the tender process initiated by the Municipal Corporation, Raipur. The petitioner sought to quash the third call tender (NIT No. 1782/RMC/2025 dated 10.10.2025) for advertising purposes on gantries and requested a fresh tendering process or permission to participate. The petitioner had participated in two previous tender rounds which were cancelled without stated reasons. In the third call, the petitioner claimed insufficient time to participate due to a short notice period, holidays, and pending return of previously submitted documents and required GST clearance certificates. The Municipal Corporation argued that in the first round, the petitioner lacked work experience, and in the second, their bid was not submitted on time. They also noted the petitioner's current lack of requisite documents.

Held

The Court held that there was no scope for interference in the writ petition. The Court noted that in the first round of tender, the petitioner participated but was found to lack work experience. In the second round, the petitioner's bid was not received on time. For the third round, although the petitioner received intimation of cancellation of the earlier tender and issuance of the new one on 14.10.2025, with the last date for bid submission being 23.10.2025, the Court found that despite holidays, seven working days were available, which should have been sufficient for participation if the petitioner possessed the requisite documents. The Court concluded that the petitioner's inability to participate stemmed from not having the necessary documents. Applying the principles laid down by the Supreme Court regarding judicial interference in tender matters, which emphasizes restraint unless the process is mala fide, irrational, or affects public interest, the Court found no grounds to intervene. The writ petition was dismissed as devoid of merit.

Key Issues

1. Whether the tender process initiated by the Municipal Corporation, Raipur, for advertising purposes on gantries, specifically the third call (NIT No. 1782/RMC/2025 dated 10.10.2025), is arbitrary, mala fide, or biased, thereby violating Article 14 of the Constitution of India? Petitioner's Contention: The petitioner argued that the repeated cancellation of tenders without reasons, followed by a hurried issuance of the third call with a limited timeframe during a festival season, coupled with only one participant in the third call, indicates arbitrariness and bias intended to favour a specific firm. They relied on principles of fairness and transparency in public procurement. Respondents' Contention: The Municipal Corporation contended that the petitioner's bids were rejected in previous rounds due to lack of work experience and late submission. They also pointed out the petitioner's current inability to furnish required documents, such as GST clearance certificates, as stated by the petitioner themselves. They implicitly argued that the tender process was conducted fairly and the petitioner's issues stemmed from their own deficiencies.