The petitioner challenged tenders pre-qualification criteria. While noting technical non-compliance and failure to submit the bid, the Court held that no ground existed for judicial intervention as no technical scrutiny was possible.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C. W. P. No. 2087 of 2014
1
Sr. No. 213
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Case No. : C. W. P. No. 2087 of 2014
Date of Decision : February 17, 2014
Super Industrial Corporation .... Petitioner
Vs.
State of Punjab and others .... Respondents
CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL, CHIEF JUSTICE. HON'BLE MR. JUSTICE ARUN PALLI.
Present : Mr. H. C. Arora, Advocate for the petitioner.
Mr. Hari Pal Verma, Addl. A. G., Punjab.
SANJAY KISHAN KAUL, C. J. (Oral) :
The grievance of the petitioner was qua what it perceived to be
existing high networth as a pre-qualification of the tender.
In the reply, de hors this issue, it has been pointed out in
paragraph 9 that the petitioner, being a manufacturer, is not technically qualified, as what it manufactures is not as per the technical specifications of the tender.
Monika 2014.02.18 16:48 I attest to the accuracy and integrity of this document High Court Chandigarh
C. W. P. No. 2087 of 2014
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In the aforesaid position, the question regarding turn-over becomes academic and is not required to be examined by us. The petitioner never submitted the tender and thus, the occasion for technical bid to scrutinise does not arise. Had the petitioner made the bid, it would have been technically disqualified in view of what has been stated aforesaid.
No ground is made out for interference under Article 226 of the
Constitution of India.
Dismissed.
( SANJAY KISHAN KAUL ) CHIEF JUSTICE
February 17, 2014
monika
( ARUN PALLI ) JUDGE
Monika 2014.02.18 16:48 I attest to the accuracy and integrity of this document High Court Chandigarh
3 issues framed by the court
Whether the High Court should interfere qua the high net-worth pre-qualification and lack of technical specifications in the tender process.
If the petitioner failed to submit the tender due to technical non-compliance, was there an occasion for technical scrutiny of the bid.
Whether a ground is made out for interference under Article 226 of the Constitution of India in these circumstances.
1 provisions across 1 enactments
Super Industrial Corporation
State of Punjab
Sanjay Kishan Kaul
Arun Palli
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
