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Patna High Court

Gangadhar Narayani Construction Pvt. Ltd.versusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The petitioner's technical bid violated Clause 4.5A(b) of the SBD, and the Tender Committee’s disqualification was upheld.

Summary

Gangadhar Narayani Construction Pvt. Ltd. filed a writ petition challenging the disqualification of its technical bid in a public tender for constructing a Panchayat Sarkar Bhawan, alleging that the Tender Committee wrongly rejected its work experience certificate as false. The Tender Committee, relying on discrepancies between two experience certificates and associated bills, held that the certificates were inconsistent and misrepresented the completion date and quantities, thereby violating Clause 4.5A(b) of the Standard Bidding Document (SBD). The petitioner contended that the certificates were genuine and sought quashing of the committee’s decisions and a direction to reconsider. The High Court examined the evidence, found the petitioner unable to explain the contradictions, and concluded that the experience certificates were not valid under the SBD criteria. Consequently, the Court affirmed the Tender Committee’s disqualification and dismissed the writ petition.

Issues considered

  • Whether the petitioner’s technical bid, specifically the work experience certificate, contravenes Clause 4.5A(b) of the Standard Bidding Document and justifies disqualification.
  • Whether the High Court can interfere with the Tender Committee’s decision on the basis of alleged procedural irregularities.

Subjects

  • tender
  • technical bid
  • disqualification
  • experience certificate
  • eligibility criteria
  • Standard Bidding Document
  • public procurement
  • writ petition
  • false representation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.6238 of 2025
                 ======================================================
                 Gangadhar Narayani Construction Pvt. Ltd. having its Head Office at Sankat
                 Mochan Nagar, New Police Line, Nawada, Ara, through its Managing
                 Director, Abhay Kumar Mishra, aged about 59 years, Male, son of Late
                 Chandrama Mishra, resident of Flat No. G-1, Girja Nandan Enclave, IAS
                 Colony, Rupaspur, P S Rupaspur, District Patna, Bihar.
                                                                           ... ... Petitioner
                                                   Versus

           1.    The State of Bihar through the Additional Chief Secretary, Planning and
                 Development Department, Government of Bihar, Patna.
           2.    The Engineer in Chief, Planning and Development Department, Government
                 of Bihar, Patna.
           3.    The Chief Engineer, Local Area Engineering Organization, Bihar, Patna.
           4.    The Superintending Engineer, Local Area Engineering Organization, Works
                 Circle, Patna, Bihar.
           5.     The Executive Engineer, Local Area Engineering Organization, Works
                  Division - I, Ara (Bhojpur), Bihar
                                                                    ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner    :        Mr. Jai Vardhan Narayan, Advocate
                                                Mr. Prabhat Ranjan, Advocate
                 For the Respondents   :        Mr. P.K. Shahi, Advocate General
                                                Mr. Amish Kumar Jha, JC to AG
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                                            and
                         HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER
                       (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

4   21-01-2026                  In the present writ application, the petitioner has

                   prayed for the following relief(s):

                                           “(i) Quashing of the decision of the Tender

                                           Committee dated 15.01.2025 as contained in

                                           Memo NO. 298 (Annexure 2) by which, the

                                           Technical Bid of the petitioner has been rejected

                                           and held to be non responsive on the grounds

                                           that “the Experience Certificate submitted

                                           along with the Tender Document, in course of
Patna High Court CWJC No.6238 of 2025(4) dt.21-01-2026
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                                  verification has been found to be false and as

                                  such the Bidder does not meet the eligibility

                                  criteria under Clause 4.5 A (b) of the S B D

                                  (ii)    Quashing        of     the        subsequent         and

                                  consequential decision of the Tender Committee

                                  dated 20.01.2025 as contained in Memo No. 401

                                  dated 21.01.2025 whereby, misinterpreting the

                                  objection filed by the petitioner, the earlier

                                  decision     dated      15.01.2025              rejecting     the

                                  petitioner’s Technical Bid has been reiterated

                                  although on an absolutely new and different

                                  ground and based on extraneous and materials;

                                  (iii)   Direction      upon         the    Respondents         to

                                  reconsider the decision of the Tender Committee

                                  dated 20.01.2025 on the basis of the verification

                                  report of the work experience certificate

                                  submitted along with the tender document;

                                  (iv) Direction upon the Respondents to consider

                                  and dispose of by a reasoned and speaking

                                  order, the objections/ representations filed by

                                  the     petitioner     vide        Communication            dated

                                  23.01.2025,          24.01.2025           and      01.02.2025

                                  respectively; and

                                  (v)     Restraining          the     Respondents            from

                                  proceeding       further           and     finalizing         the

                                  Tender6238 process by creating third party right

                                  during the pendency of the present writ
Patna High Court CWJC No.6238 of 2025(4) dt.21-01-2026
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                                  application and/or the without the leave of this

                                  Hon'ble Court.”


                      2. The brief facts of the case are that a NIT (Notice

          Inviting Tender) was published on 27.11.2024 for construction

          of Panchayat Sarkar Bhawan in the District of Bhojpur. The

          petitioner had participated in the said Tender Process, and was

          disqualified at the Technical bid Stage. The Tender Committee

          had disqualified the technical bid of the petitioner vide its

          decision dated 15.01.2025 on the ground that, the work

          experience certificate, submitted by the petitioner, was found to

          be false and the bidder does not meet the eligibility criteria

          under Clause 4.5 A (b) of the S.B.D. (Standard Bidding

          Document). In pursuance to the same, the petitioner had

          submitted its objection dated 17.01.2025 taking a stand that the

          experience certificate submitted by him is correct. The Tender

          Committee reiterated its earlier stand, vide its decision dated

          20.01.2025. Thereafter, an objection dated 23.01.2025 was

          again submitted by the petitioner, and on 28.01.2025 the

          respondent authorities again passed an order stating therein that
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          the genuineness of the work experience certificate submitted by

          the petitioner appears to be doubtful. The relevant portion of the

          order dated 28.01.2025 is reproduced as under:

                                                  “ननिवविददा सनमिनति कदा ननिरर्णयय-

                                  उपयरक्त
                                      र्ण समिमीकदा कक आललोक मिमें वविचदारलोपरदान्ति

                                  ननिवविददा सनमिनति ददारदा पपवि र्ण मिमें नलयक गयक ननिरर्णय कलो

                                  यथदाविति रखदा गयदा। इस ननिवविददा मिमें प्रनतिभदागमी सभमी

                                  ०२ (दलो) अदद ननिवविददाददातिदाओओ मिमें सक 01 (एक)

                                  अदद ननिवविददाददातिदा Rohit Kumar Singh कक

                                  तिकनिमीककी बमीड कलो सफल घलोवषिति वकयदा जदातिदा हह

                                  तिथदा     01       (एक)          अदद         ननिवविददाददातिदा   M/s

                                  Gangadhar Narayani Const. Pvt. Ltd. कक

                                  तिकनिमीककी बमीड कलो असफल घलोवषिति वकयदा जदातिदा

                                  हह ।

                                  चपओवक परनिननिर्निंवविददा मिमें दलो ननिवविददाददातिदा मिमें सक    (एक)

                                  अदद ननिवविददाददातिदा कक तिकनिमीककी बमीड कलो सफल

                                  वकयदा गयदा ऐसक मिदामिलक मिमें पथ ननिमिदार्णर वविभदाग कक

                                  अनधिसपचनिदा       सओ ० -07/ननियमि-03/2016-3162(S)

                                  ददनिदाओक-09.5.2016 मिमें उल्लकखखति प्रदाविधिदानिनों कक

                                  अनिरसदार ननिवविददा कदा ननिष्पदादनि सकमि प्रदानधिकदार सक

                                  एक स्तिर सक उपर कक प्रदानधिकदार ददारदा वकयदा जदानिदा

                                  अपकखकति हह ।”
Patna High Court CWJC No.6238 of 2025(4) dt.21-01-2026
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                      3. A counter affidavit has been filed on behalf of

          Respondent Nos.3 to 5, wherein the following statements have

          been made in paragraphs 8, 9, 10, 11, 14 & 15:-

                                  “8. That on 20.01.2025, the Tender Committee

                                  reconvened to evaluate the objections raised by

                                  the bidders. Upon examining the documents

                                  submitted by the Respondent, it was noted that

                                  the petitioner had previously submitted a work

                                  experience certificate for the same project

                                  issued on date 09.04.2024 in a different tender

                                  (Work       Division-02     Sonepur      Re-NIT:

                                  01E/SBD/2024-2025, Group No: 1). In the

                                  current submission, however, the petitioner

                                  provided a different work experience certificate

                                  for the same project, this time issued on date

                                  26.07.2024. Notably, both certificates state the

                                  actual completion date as 26.02.2024, yet

                                  discrepancies were found in the quantities and

                                  amounts of certain executed items, which is

                                  implausible        under   any     circumstance.

                                  Furthermore, in support of the latest certificate,

                                  the petitioner attached RA Bill-5. However, this

                                  bill indicates a date of measurement as

                                  30.05.2024 and an extended completion date of

                                  31.05.2024 clearly contradicting the earlier
Patna High Court CWJC No.6238 of 2025(4) dt.21-01-2026
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                                  claimed     completion       date     of     26.02.2024.

                                  Additionally, the name of the work mentioned in

                                  RA Bill-5 differs from that stated in the

                                  experience certificate, despite both documents

                                  referencing the same agreement number and

                                  project value, which further adds to the

                                  inconsistencies        and   raises        concerns   of

                                  misrepresentation.

                                  9. That Tender Committee, upon consideration

                                  of the above-mentioned points, has upheld its

                                  earlier decision and declared the petitioner

                                  disqualified. This decision is recorded in Memo

                                  No. 401 dated 20.01.2025, which has been

                                  uploaded on the e-proc2 portal.

                                  10. That the petitioner once again raised an

                                  objection on 24.01.2025 regarding the decision

                                  to disqualify them, and submitted a handover

                                  certificate for the same work along with email

                                  verification related to the aforesaid work.

                                  11. That on 28.01.2025, the Tender Committee

                                  reconvened to evaluate the objections raised by

                                  the bidders. Upon reviewing the documents and

                                  evidence submitted by the petitioner, the

                                  Committee found no material justification

                                  explaining how two certificates issued on

                                  different dates but bearing the same actual date

                                  of completion could reflect discrepancies in the
Patna High Court CWJC No.6238 of 2025(4) dt.21-01-2026
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                                  quantity     and       value   of     work   executed.

                                  Consequently, the petitioner was once again

                                  adjudged disqualified based on this evaluation.

                                  The final decision of the Tender Committee is

                                  recorded in Memo No. 579 dated 29.01.2025

                                  and has been uploaded on the e-Proc2 portal,

                                  with no further time granted for clarification, as

                                  no substantive evidence was provided to

                                  warrant reconsideration. The decision remains

                                  unchanged.


                                  14. That the petitioner's claim that deviations

                                  and extra items were included in the latter-

                                  submitted       work     experience     certificate   is

                                  untenable. A work can only be considered

                                  complete once all deviations and extra items are

                                  duly sanctioned. Therefore, if the actual

                                  completion date was indeed 26.02.2024, there

                                  should be no variation in quantities beyond that

                                  date, regardless of when the certificate is issued.

                                  It is pertinent to note that in the work certificate

                                  dated 09.04.2024, the recorded payments were:

                                  (i) 26,70,965/- for Electrical Work including

                                  Substation, and (ii) ₹80,501/- for Safety

                                  Equipment. However, in the certificate dated

                                  26.07.2024, the corresponding figures were: (i)

                                  ₹26,24,981/-and (ii) 235,984/-, respectively.
Patna High Court CWJC No.6238 of 2025(4) dt.21-01-2026
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                                  Such a reduction in payment amounts between

                                  two certificates-both purporting to represent

                                  completed work as of the same date is

                                  inexplicable and indicates inconsistencies that

                                  undermine the credibility of the petitioner's

                                  claim.

                                  15. That it clearly suggests the petitioner made

                                  a deliberate attempt to use a fabricated

                                  certificate      to    obtain     the    tender,    thereby

                                  demonstrating non-bona fide intentions. As per

                                  Clause 4.8 of the Standard Bidding Document

                                  (SBD), "Even though the bidder meets the above

                                  qualifying       criteria,      they    are    subject    to

                                  disqualification if they have made misleading or

                                  false representations in the forms, statements,

                                  and attachments submitted in proof of the

                                  qualification requirements." Furthermore, the

                                  affidavit submitted by the bidders at the time of

                                  tender submission states: "I do hereby certify

                                  that all the statements made in the required

                                  attachments are true and correct, and if found

                                  fake/forged, the undersigned will be liable for

                                  FIR      or   lawful     punishment           as   well   as

                                  blacklisting." In light of these provisions, the

                                  petitioner's claim is not sustainable in the eyes

                                  of law and is clearly in violation of the

                                  guidelines laid down in the SBD.”
Patna High Court CWJC No.6238 of 2025(4) dt.21-01-2026
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                       4. A rejoinder to the counter affidavit has also been

          filed on behalf of the writ petitioner, whereby the petitioner did

          not choose to respond to paragraphs 14 & 15 of the counter

          affidavit.

                       5. A very limited question for consideration before us

          is that whether the technical bid submitted by the petitioner is in

          contravention to the Clause 4.5A(b) of the S.B.D. which is

          annexed as ‘Annexure P/1’ to the writ petition. Clause 4.5A(b) to

          the Tender Notice is as follows:-

                                  “4.5 To qualify for award of the contract, each

                                  bidder in its name should have in the last five

                                  years as referred to in Appendix :-

                                  (b)   Satisfactorily   completed   as   a   prime

                                  contractor (or as a nominated subcontractor,

                                  where the subcontract involved execution of all

                                  main items of work described in the bid

                                  document, provided further that all other

                                  qualification criteria are satisfied) at least one

                                  similar work (Building work) of value not less

                                  than amount indicated in Appendix (usually not

                                  less than 25% (twenty five percent) of estimated

                                  value of contract);”
Patna High Court CWJC No.6238 of 2025(4) dt.21-01-2026
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                      6. It would be pertinent to consider the objections

          raised by Tender Committee in their decision dated 28.01.2025,

          which is reproduced as under:-

                                   “2. M/s Gangadhar Narayani Const.

                                   Pvt. Ltd. :- यक जल सओ सदाधिनि वविभदाग कक विगर्ण-

                                   1 मिमें ननिबओनधिति सओ विकदक हह , खजनिकदा ननिबओधिनि

                                   सओ ख्यदा-WRD-220420CICO20/20 हह । इनिकक

                                   ददारदा पपवि र्ण मिमें कदायर्ण प्रमिओडल -02, सलोनिपरर कक

                                   परनिननिर्णवविददा सओ 0-01E/SBD/2024-25 कक गपर

                                   सओ ०-01 मिमें समिवपर्णति वकयक गयक एक हही कदायर्ण कक

                                   अनिरभवि प्रमिदार पत्र (ददनिदाओक-09.04.2024 कलो

                                   ननिगर्णति) एविओ इस ननिवविददा मिमें भमी समिवपर्णति same

                                   कदायर्ण कक अनिरभवि        प्रमिदार   पत्र       (ददनिदाओक-

                                   26.07.2024 कलो ननिगर्णति ) मिमें कदायर्ण समिदाखप्ति ककी

                                   विदास्तिवविक नतिनथ 26.02.2024 दरदार्णयदा गयदा हह ।

                                   उक्त दलोनिनों अनिरभवि प्रमिदार पत्र कक अविललोकनि सक

                                   स्पष्ट हलोतिदा हह वक कदायर्ण समिदाखप्ति ककी विदास्तिवविक

                                   नतिनथ 26.02.2024, same हलोनिक कक बदाद भमी

                                   कदायर्ण ककी मिदात्रदा मिमें नभन्न्तिदा हह जलो वक वकसमी भमी

                                   पररखस्थनति मिमें सओ भवि निहहीओ हह तिथदा इनिकक ददारदा

                                   समिवपर्णति स्पष्टहीकरर मिमें सओ लग्नि वकयदा गयदा RA
Patna High Court CWJC No.6238 of 2025(4) dt.21-01-2026
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                                   BILL-5 (चदालप वविपत्र, Final Bill निहहीओ) मिमें कदायर्ण

                                   कदा निदामि हही अलग अओवकति हह तिथदा Date of

                                   Measurement 30.05.2024 एविओ Extended

                                   Date of Completition 31-05-2024 ददखदायदा

                                   गयदा हह जलो वक समिवपर्णति अनिरभवि प्रमिदार पत्र पर

                                   अओवकति Actual Date of Completition Date

                                   26-02-2024 कक बदाद कदा हह जलो वक सओ भवि

                                   निहहीओ हह । अतिय इनिकक ददारदा एक हही कदायर्ण कक

                                   अलग-अलग Data प्रदत्त करनिक ककी विजह सक यक

                                   विदाओनछिति अनिरभवि प्रमिदार पत्र ककी अहर्णत्तदा कलो पपरदा

                                   निहहीओ करतिक हहैं । इस सओ बओधि मिमें परनिय स्पष्टहीकरर

                                   समिवपर्णति कर इनिकक ददारदा उपयरक्त
                                                                  र्ण वटप्परमीयनों कक

                                   आललोक मिमें कलोई ठलोस तिथ्य समिवपर्णति निहहीओ वकयदा

                                   गयदा खजससक यह सत्यदावपति हलो सकक वक एक हही

                                   कदायर्ण कक दलो अलग -अलग ददनिदाओकनों पर ननिगर्णति

                                   अनिरभवि प्रमिदार-पत्रनों पर कदायर्ण समिदाखप्ति ककी नतिनथ

                                   एक हलोनिक ककी खस्थनति मिमें भमी कदायर्ण करदायक गयक

                                   मिदात्रदाओओ मिमें नभन्नतिदा कहसक प्रदखरर्णति हरई तिथदा RA

                                   BILL-5 (चदालप वविपत्र, Final Bill निहहीओ) मिमें कदायर्ण

                                   कदा निदामि हही अलग अओवकति हलोनिदा तिथदा Actual

                                   Date of Completition Date 26-02-2024

                                   अओवकति      हलोनिक कक बदाद        भमी       Date      of
Patna High Court CWJC No.6238 of 2025(4) dt.21-01-2026
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                                   Measurement 30.05.2024 एविओ Extended

                                   Date of Completition 31-05-2024 ददखदायक

                                   जदानिक कलो लककर कलोई सत्यदावपति तिथ्य समिवपर्णति

                                   निहहीओ वकयदा गयदा हह . फलस्विरूप SBD Clause

                                   4.5 A (b) कक आललोक मिमें यक तिकनिमीककी ननिवविददा

                                   ककी अहर्णतिदा कलो पपरदा निहहीओ कर रहक हह ।”




                      7. Upon perusal of the decision of the Tender

          Committee dated 28.01.2025, it is evident that the petitioner has

          been unable to provide any material evidence as to how two

          different certificates, bearing different dates of completion,

          could be procured for the same work. It is further evident from

          the entire pleadings and the documents on record that the

          petitioner has not explained the circumstances which led to

          issuance of two different certificates. Further, in the rejoinder to

          the counter-affidavit, petitioner has not been able to dislodge the

          specific contention of the respondent-state made in paragraphs

          14 and 15 of the counter affidavit. As such, the work experience

          certificate submitted by the petitioner cannot be considered to

          be valid and correct, and is in contravention to clause 4.5 A (b)
            Patna High Court CWJC No.6238 of 2025(4) dt.21-01-2026
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                      of the S.B.D.

                                  8. Considering the materials on record and the

                      discussions made above, it becomes clear that the petitioner was

                      unable to fulfill the eligibility criteria as mentioned in the

                      S.B.D. (Standard Bidding Document). Therefore, the question,

                      as referred above is answered in affirmative.

                                  9. Hence, we find no reason to interfere with the

                      decisions of the Tender Committee, by which the petitioner’s

                      technical bid has been rejected.

                                  10. Accordingly, the present writ application stands

                      dismissed.

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

                      disposed of.


                                                              (Sudhir Singh, J.)


                                                              (Ritesh Kumar, J.)

Gaurav Kumar/-

U


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