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Patna High Court

M/s UKS- Lokaditya Construction Pvt. Ltd.versusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that the Tender Evaluation Committee's decision was not arbitrary, mala‑fide, or perverse, and therefore the technical disqualification of the petitioner stands.

Summary

The petitioner, a joint venture of Umakant Singh and M/s Lokaditya Construction Pvt. Ltd., challenged its technical disqualification in three PHED tenders, alleging that the Tender Evaluation Committee arbitrarily rejected its bids on hyper‑technical grounds and that it had complied with all eligibility criteria. The Departmental Grievance Redressal Committee upheld the rejection, and an Enquiry Committee later recommended cancellation of the tender process due to irregularities but did not specifically find the petitioner eligible. The petitioners contended that the joint venture agreement need not be attested by a First‑Class Magistrate and that the collective experience criteria were satisfied. The respondents argued that the petitioner failed to meet the eligibility clauses 4.5(A) and 4.4.5(iv) of the Standard Bidding Document. The court examined precedents on judicial review of tender decisions and held that interference is permissible only on grounds of arbitrariness, mala‑fide intent, or irrationality, which were not demonstrated. Consequently, the court dismissed the writ application, upholding the technical disqualification.

Issues considered

  • Did the petitioner satisfy the eligibility requirements prescribed under Clauses 4.5(A) and 4.4.5(iv) of the Standard Bidding Document?
  • Was the Tender Evaluation Committee's decision to technically disqualify the petitioner arbitrary, mala‑fide, or irrational, thereby warranting judicial interference under Article 226?
  • Can the court substitute its own assessment for that of the expert tendering authority in the absence of proven procedural impropriety?

Subjects

  • tender evaluation
  • technical disqualification
  • joint venture
  • public procurement
  • judicial review
  • Article 14
  • Article 226
  • eligibility criteria
  • hyper‑technical grounds

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.13745 of 2025
     ======================================================
     M/s UKS- Lokaditya Construction Pvt. Ltd. (Joint Venture), through its
     partner, Umakant Singh, male, aged about 56 years, Son of Loknath Singh,
     Resident of Mirchaibari, P.S. - Katihar, District- Katihar.

                                                               ... ... Petitioner/s
                                       Versus
1.   The State of Bihar through the Principal Secretary, Public Health
     Engineering Department, Government of Bihar, Patna.
2.   The Chief Engineer-cum-Special Secretary (Headquarters), PHED,
     Patna.
3.   The Regional Chief Engineer, Public Health Engineering Circle,
     Purnia.
4.   The Executive Engineer, PHED, Forbesganj, Araria.
5.   The Executive Engineer, PHED, Kishanganj.
6.   The Executive Engineer, PHED, Katihar.
                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr. Pramod Mishra, Advocate
     For the Respondent/s   :     Mr. Saroj Kumar Sharma, AC to AAG-3
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                           and
             HONOURABLE MR. JUSTICE RANJAN KUMAR JHA
      ORAL JUDGMENT
     (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

      Date : 16-06-2026

                      Heard learned counsel for the parties.

                  2. The following reliefs have been sought in the

      present writ application:

                        “For     issuance    of    any     appropriate
                        order/orders,direction/directions commanding
                        and Directing Respondent authorities to
                        declare the petitioner Joint Venture company
                        technically successful in the bid evaluation
                        process of PHED Tenders No. 08/2024-25
                        (Group No. 4 Thakurganj), 09/2024-25
                        (Group No. 01) and 13/2024-25 (Group No. 1,
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                            2 and 4) of Kishangamj, Forbesganj and
                            Katihar respectively and to consider
                            petitioner's financial bids, which were
                            arbitrarily excluded by Tender Committee on
                            hyper-technical     grounds.    Despite   full
                            compliance with substantive eligibility
                            criteria, petitioner has been declared
                            unsuccessful due to alleged minor defects
                            such as non-submission of affidavited JV
                            agreement before a First-Class Magistrate
                            and     interpretation   issues    concerning
                            collective experience evaluation under clause
                            4.5A and 4.4.5(iv) of SBD.”

                      3. The brief facts of the case is that the petitioner, a

         Joint Venture comprising Umakant Singh and M/s Lokaditya

         Construction Pvt. Ltd., participated in NIT Nos. 08/2024-25,

         09/2024-25 and 13/2024-25 issued by the Public Health

         Engineering Department, Government of Bihar. The petitioner

         submitted its bids for Group-4 under NIT No. 08/2024-25,

         Group-1 under NIT No. 09/2024-25 and Groups-1, 2 and 4

         under NIT No. 13/2024-25.

                      4. The petitioner's technical bids were declared

         unsuccessful on the ground of alleged non-compliance with

         certain conditions of the Standard Bidding Document relating to

         the Joint Venture agreement and eligibility criteria. The

         petitioner      thereafter      preferred     complaints     before   the

         departmental        authorities.      The     Departmental     Grievance
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         Redressal Committee, by its decision dated 31.07.2025, upheld

         the rejection of the petitioner's bids.

                     5. Learned counsel for the petitioner submits that the

         petitioner-Joint Venture had duly uploaded all requisite

         documents and fulfilled the eligibility conditions prescribed

         under the Standard Bidding Document (SBD). It is submitted

         that the technical bid under NIT No. 08/2024-25 was rejected on

         the ground that the Joint Bidding Agreement was not attested by

         a First Class Magistrate and for alleged non-compliance of

         Clauses 4.4(ii) and 4.4.5.(i) of the SBD. According to the

         petitioner, neither the Notice Inviting Tender nor the SBD

         requires attestation of the Joint Venture Agreement by a First

         Class Magistrate and, therefore, rejection on such ground is

         arbitrary and unsustainable.

                     6. It is further submitted that insofar as NIT Nos.

         09/2024-25 and 13/2024-25 are concerned, the finding

         regarding non-fulfilment of Clauses 4.5A(b) and 4.5A(c) of the

         SBD is factually incorrect. Learned counsel submits that the

         experience and work-execution criteria were required to be

         assessed collectively in the case of a Joint Venture and the

         constituent members of the petitioner-Joint Venture satisfied the

         prescribed thresholds on the basis of the experience certificates
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         furnished along with the bids. It is argued that the petitioner had

         also submitted the requisite affidavits and other supporting

         documents and, therefore, there was substantial compliance with

         all tender conditions.

                     7. Learned counsel further submits that although the

         petitioner preferred representations before the competent

         authorities against its disqualification, the Departmental

         Grievance Redressal Committee, by its decision dated

         31.07.2025, mechanically affirmed the decision of the Tender

         Committee without properly considering the documents placed

         on record. It is also contended that the reasons assigned by the

         Grievance Committee were different from those mentioned in

         the initial orders of rejection, which demonstrates arbitrariness

         in the decision-making process.

                     8. In support of the aforesaid submissions, reliance

         has been placed on the decisions of the Hon'ble Supreme Court

         in Kalinga Mining Corporation v. Union of India reported in

         (2013) 5 SCC 252 and N.G. Projects Ltd. v. Vinod Kumar Jain

         reported in (2022) 6 SCC 127 to contend that bids ought not to

         be rejected on hyper-technical grounds and that the State and its

         instrumentalities are required to act fairly, reasonably and in a

         non-arbitrary manner in matters relating to public procurement.
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         It is thus submitted that the impugned action is violative of

         Article 14 of the Constitution of India and liable to be set aside.

                     9. Per contra, learned counsel appearing on behalf of

         the respondents submits that the petitioner was rightly declared

         technically disqualified for non-fulfilment of the eligibility

         conditions prescribed under Clause 4.5(A) and Clause 4.4.5(iv)

         of the Instructions to Bidders forming part of the Standard

         Bidding Document. It is contended that a Joint Venture is

         required to collectively satisfy the criteria stipulated under

         Clauses 4.2, 4.5(A), 4.5(B), 4.7 and 4.8 of the Instructions to

         Bidders and, upon scrutiny of the bid documents, the petitioner

         was found ineligible.

                     10. It is submitted that the enquiry committee, after

         examining the bid documents and evaluation process, submitted

         its report dated 08.09.2025. The committee found that in several

         tenders, bidders having similar deficiencies were treated

         differently during technical evaluation and that the bids had not

         been scrutinized properly. In view of the defects noticed in the

         evaluation process, the committee recommended cancellation of

         the tender/allotment process and initiation of a fresh tender

         process, including NIT No. 13/2024-25 pertaining to Groups 1,

         2, 3 and 4.
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                     11. On the strength of the aforesaid enquiry report,

         learned counsel submits that the Department has already taken

         corrective measures and, therefore, no further interference is

         warranted in the present matter.

                     12. The limited issue that arises for consideration

         before this Court is as to whether the petitioner satisfied the

         eligibility requirements prescribed under Clauses 4.5(A) and

         4.4.5(iv) of the Instructions to Bidders forming part of the

         Standard Bidding Document and, consequently, whether the

         decision declaring the petitioner technically disqualified

         warrants interference by this Court.

                     13. This Court has carefully considered the rival

         submissions advanced on behalf of the parties and perused the

         materials available on record.

                     14. From the records, it transpires that the petitioner, a

         Joint Venture, participated in the subject tender process and was

         subsequently declared technically disqualified. The stand of the

         respondents is that upon scrutiny of the bid documents, the

         petitioner was found not to have fulfilled the eligibility criteria

         contemplated under Clauses 4.5(A) and 4.4.5(iv) of the

         Instructions to Bidders.

                     15. Clause 4.5(A) prescribes the qualification
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         requirements necessary for award of the contract. Clause

         4.4.5(iv), which specifically governs Joint Ventures, stipulates

         that the Joint Venture must collectively satisfy the criteria

         prescribed under Clauses 4.2, 4.5(A), 4.5(B), 4.7 and 4.8 of the

         Instructions to Bidders. The Tender Evaluation Committee, after

         evaluating the documents submitted by the petitioner, arrived at

         a conclusion that the petitioner did not meet the requisite

         eligibility requirements and was, therefore, liable to be declared

         technically disqualified.

                     16. The principal contention of the petitioner is that

         the constituent members of the Joint Venture collectively

         satisfied the requisite experience and qualification criteria and

         that the decision of the Tender Evaluation Committee is

         erroneous. However, the question as to whether a bidder

         satisfies the technical and eligibility requirements of a tender

         document necessarily falls within the domain of the expert body

         entrusted with evaluation of bids. Unless the decision is shown

         to be arbitrary, mala fide or patently perverse, the Court would

         be slow to substitute its own assessment for that of the Tender

         Evaluation Committee.

                     17. This Court further notices that pursuant to a

         complaint dated 28.08.2025 alleging irregularities in the tender
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         process, the Department constituted an Enquiry Committee

         under the chairmanship of the Chief Engineer, Public Health

         Zone, Bhagalpur. The Committee, upon examination of the

         tender records, submitted its report dated 08.09.2025. The report

         observed that in certain cases similarly situated bidders were not

         dealt with uniformly and that deficiencies existed in the process

         of    technical      evaluation.         The   Committee   accordingly

         recommended cancellation of the existing tender process and

         initiation of a fresh tender process in respect of the concerned

         works.

                     18. Further, a careful reading of the enquiry report

         does not reveal any categorical finding that the petitioner had

         fulfilled the eligibility requirements prescribed under Clauses

         4.5(A) and 4.4.5(iv) of the Standard Bidding Document. The

         recommendations contained therein are directed towards

         rectifying deficiencies noticed in the overall evaluation process.

         Merely because the Committee recommended cancellation and

         re-tendering of the works would not, by itself, lead to the

         conclusion that the petitioner was wrongly declared technically

         disqualified or that it satisfied the eligibility criteria under the

         tender conditions.

                     19. The reliance placed by the petitioner on Kalinga
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         Mining Corporation (supra) and N.G. Projects Ltd. (supra) does

         not advance its case. There can be no quarrel with the

         proposition that bids ought not to be rejected on hyper-technical

         grounds. However, in the present case, the disqualification

         pertains to fulfilment of eligibility criteria under the Standard

         Bidding Document itself. Eligibility conditions form the

         foundation of the tender process and cannot be treated as mere

         procedural or curable defects.

                     20. This Court is conscious of the settled position of

         law that the scope of judicial review in contractual and tender

         matters is extremely limited. The Court is concerned with the

         decision-making process and not with the merits of the decision

         itself. In Jagdish Mandal v. State of Orissa, reported in (2007)

         14 SCC 517, the Hon'ble Supreme Court held that interference

         in tender matters is permissible only where the process adopted

         is mala fide, arbitrary or intended to favour someone, and not

         merely because another view is possible. The relevant part of

         the said order reads as follows:

                            “22. Judicial review of administrative action is
                            intended to prevent arbitrariness, irrationality,
                            unreasonableness, bias and mala fides. Its
                            purpose is to check whether choice or decision is
                            made “lawfully” and not to check whether choice
                            or decision is “sound”. When the power of
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                            judicial review is invoked in matters relating to
                            tenders or award of contracts, certain special
                            features should be borne in mind. A contract is a
                            commercial transaction. Evaluating tenders and
                            awarding contracts are essentially commercial
                            functions. Principles of equity and natural justice
                            stay at a distance. If the decision relating to
                            award of contract is bona fide and is in public
                            interest, courts will not, in exercise of power of
                            judicial review, interfere even if a procedural
                            aberration or error in assessment or prejudice to
                            a tenderer, is made out. The power of judicial
                            review will not be permitted to be invoked to
                            protect private interest at the cost of public
                            interest, or to decide contractual disputes. The
                            tenderer or contractor with a grievance can
                            always seek damages in a civil court. Attempts by
                            unsuccessful      tenderers    with     imaginary
                            grievances, wounded pride and business rivalry,
                            to make mountains out of molehills of some
                            technical/procedural violation or some prejudice
                            to self, and persuade courts to interfere by
                            exercising power of judicial review, should be
                            resisted. Such interferences, either interim or
                            final, may hold up public works for years, or
                            delay relief and succour to thousands and
                            millions and may increase the project cost
                            manifold. Therefore, a court before interfering in
                            tender or contractual matters in exercise of
                            power of judicial review, should pose to itself the
                            following questions:

                            (i) Whether the process adopted or decision made
                            by the authority is mala fide or intended to favour
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                            someone;

                            OR

                            Whether the process adopted or decision made is
                            so arbitrary and irrational that the court can say:
                            “the decision is such that no responsible
                            authority acting reasonably and in accordance
                            with relevant law could have reached”;

                            (ii) Whether public interest is affected.

                            If the answers are in the negative, there should be
                            no interference       under Article    226. Cases
                            involving blacklisting or imposition of penal
                            consequences     on    a   tenderer/contractor   or
                            distribution of State largesse (allotment of
                            sites/shops, grant of licences, dealerships and
                            franchises) stand on a different footing as they
                            may require a higher degree of fairness in
                            action.”

                     21. Similarly, in Silppi Constructions Contractors v.

         Union of India, reported in (2020) 16 SCC 489, the Hon'ble

         Supreme Court reiterated that the author of the tender document

         is the best person to understand and appreciate its requirements

         and constitutional courts should exercise considerable restraint

         while reviewing decisions of expert tendering authorities. The

         relevant part of the said order reads as follows:

                            “20. The essence of the law laid down in the
                           judgments referred to above is the exercise of
                           restraint and caution; the need for overwhelming
                           public interest to justify judicial intervention in
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                           matters    of    contract         involving     the        State
                           instrumentalities; the courts should give way to
                           the opinion of the experts unless the decision is
                           totally arbitrary or unreasonable; the court does
                           not sit like a court of appeal over the appropriate
                           authority; the court must realise that the authority
                           floating the tender is the best judge of its
                           requirements      and,      therefore,        the      court's
                           interference should be minimal. The authority
                           which floats the contract or tender, and has
                           authored the tender documents is the best judge as
                           to how the documents have to be interpreted. If
                           two    interpretations      are     possible        then    the
                           interpretation of the author must be accepted. The
                           courts will only interfere to prevent arbitrariness,
                           irrationality, bias, mala fides or perversity. With
                           this approach in mind we shall deal with the
                           present case.”
                     22. Reference may also be made to Tata Cellular v.

         Union of India, reported in (1994) 6 SCC 651,wherein the

         Hon'ble Supreme Court held that judicial review is concerned

         with reviewing the decision-making process and not the

         decision itself, and that courts should not substitute their own

         opinion for that of the authority entrusted with taking such

         decisions. The relevant part of the said order reads as follows:

                            “77. The duty of the court is to confine itself to the
                            question of legality. Its concern should be:

                            1. Whether a decision-making authority exceeded
                            its powers?
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                            2. Committed an error of law,

                            3. committed a breach of the rules of natural
                            justice,

                            4. reached a decision which no reasonable
                            tribunal would have reached or,

                            5. abused its powers.

                            Therefore, it is not for the court to determine
                            whether a particular policy or particular decision
                            taken in the fulfilment of that policy is fair. It is
                            only concerned with the manner in which those
                            decisions have been taken. The extent of the duty
                            to act fairly will vary from case to case. Shortly
                            put, the grounds upon which an administrative
                            action is subject to control by judicial review can
                            be classified as under:

                            (i) Illegality : This means the decision-maker must
                            understand correctly the law that regulates his
                            decision-making power and must give effect to it.

                            (ii)       Irrationality,   namely,     Wednesbury
                            unreasonableness.

                            (iii) Procedural impropriety.

                            The above are only the broad grounds but it does
                            not rule out addition of further grounds in course
                            of time. As a matter of fact, in R. v. Secretary of
                            State for the Home Department, ex Brind [(1991)
                            1 AC 696] , Lord Diplock refers specifically to
                            one development, namely, the possible recognition
                            of the principle of proportionality. In all these
                            cases the test to be adopted is that the court
                            should, “consider whether something has gone
                            wrong of a nature and degree which requires its
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                            intervention”.”

                     23. Further, in Afcons Infrastructure Ltd. v. Nagpur

         Metro Rail Corporation Ltd., reported in (2016) 16 SCC 818,

         the Hon'ble Supreme Court observed that the interpretation of

         tender conditions by the employer deserves deference and the

         constitutional      courts     should         not   interfere    unless    the

         interpretation is shown to be arbitrary, mala fide or irrational.

         The relevant part of the said order reads as follows:

                            “11. Recently, in Central Coalfields Ltd. v. SLL-
                            SML     (Joint     Venture   Consortium)     [Central
                            Coalfields Ltd. v. SLL-SML (Joint Venture
                            Consortium), (2016) 8 SCC 622 : (2016) 4 SCC
                            (Civ) 106 : (2016) 8 Scale 99] it was held by this
                            Court, relying on a host of decisions that the
                            decision-making process of the employer or
                            owner of the project in accepting or rejecting the
                            bid of a tenderer should not be interfered with.
                            Interference is permissible only if the decision-
                            making process is mala fide or is intended to
                            favour someone. Similarly, the decision should
                            not be interfered with unless the decision is so
                            arbitrary or irrational that the Court could say
                            that the decision is one which no responsible
                            authority acting reasonably and in accordance
                            with law could have reached. In other words, the
                            decision-making process or the decision should be
                            perverse and not merely faulty or incorrect or
                            erroneous. No such extreme case was made out by
                            GYT-TPL JV in the High Court or before us.
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                            13. In other words, a mere disagreement with the
                            decision-making process or the decision of the
                            administrative authority is no reason for a
                            constitutional court to interfere. The threshold of
                            mala fides, intention to favour someone or
                            arbitrariness, irrationality or perversity must be
                            met before the constitutional court interferes with
                            the decision-making process or the decision.”
                       24. Applying the aforesaid principles to the facts of

         the present case, this Court finds that the petitioner has not been

         able to demonstrate that the conclusion reached by the Tender

         Evaluation Committee regarding non-compliance with Clauses

         4.5(A) and 4.4.5(iv) of the Standard Bidding Document was so

         arbitrary or perverse as to warrant interference under Article 226

         of the Constitution of India. Mere disagreement with the

         assessment of eligibility conditions by the expert body cannot

         be a ground for this Court to undertake a fresh evaluation of the

         bid documents.

                       25. In the absence of any material demonstrating that

         the decision of the Tender Evaluation Committee was actuated

         by mala fides, arbitrariness or patent perversity, this Court finds

         no reason to interfere with the technical disqualification of the

         petitioner. The issue is, accordingly, answered against the

         petitioner.

                       26. Accordingly, the present writ application stands
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                      dismissed.

                                  27 . Pending application(s), if any, shall also stand

                      disposed of.




                                                                (Sudhir Singh, J.)


                                                             ( Ranjan Kumar Jha, J.)
Atul, Anushka/-

AFR/NAFR                AFR
CAV DATE
Uploading Date          19.06.2026
Transmission Date


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