fairness and ensure that the maximum number of bidders participate in the tender process. The purpose of each condition is geared at ensuring that the best available options, having regard to the various technical criteria, enter the zone of consideration. The object of every tendering process is to ensure the availability of the best options, and the elimination of the ineligible or potentially inefficient parties, who might hold up, or not be in a position to execute the contract. It is therefore, stated that the Petitioner's price bid should be opened by NHAI. It is argued that the narrow interpretation, which drove NHAI to reject Mohandas’ bids as technically ineligible, is unreasonable. If such interpretation were to be upheld, the condition in fact is required to be set aside as subversive of public interest and contrary to Article 14 of the Constitution of India. Learned counsel also emphasized that the NHAI’s action in bid rejection amounts to ignoring relevant factors and not examining all documents, based on a narrow understanding of its role. Lastly, it is urged that NHAI has acted in a wholly capricious manner, because in the previous contracts, it accepted and even awarded bids to the petitioner, whereas now it prefers a restricted interpretation, contrary to public policy.
