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Patna High Court

M/s Anirudh Sarswati ConstructionversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court set aside the technical qualification and financial bid decisions of respondent No.8, holding that the mandatory payment‑certificate requirement could not be waived and the authority’s actions were arbitrary.

Summary

The petitioner, M/s Anirudh Saraswati Construction, challenged the technical and financial bid decisions of the Rural Works Department that declared private respondent M/s R.K. Construction as technically qualified and as the lowest bidder (L1) for a government road project. The petitioner argued that R.K. Construction failed to submit the mandatory payment certificate required under Clause 4.4A(a) of the Combined Model Bidding Document (CMBD), a defect that could not be cured after the bid deadline. The Court examined the CMBD provisions, particularly Clauses 24.1‑24.4 (which prohibit post‑submission rectification of material defects) and Clause 25.1 (which only permits correction of non‑material deficiencies). Relying on precedents such as Central Coalfields Ltd. v. SLL‑SML, Banshidhar Construction v. Bharat Coking Coal Ltd., and W.B. State Electricity Board v. Patel Engineering, the Court held that the mandatory clause was not complied with and the authority could not relax it. Consequently, the Court set aside both the technical qualification and the financial bid decision in favour of R.K. Construction and allowed the writ petition.

Issues considered

  • Whether a mandatory condition stipulated in a tender document can be waived or relaxed by the authority after bid submission.
  • Whether Clause 25.1 of the CMBD permits curing a fundamental defect such as non‑submission of a mandatory payment certificate.
  • Whether the technical qualification of respondent No.8 should be set aside for failure to submit the required payment certificate.
  • Whether the financial bid decision declaring respondent No.8 as L1 is vitiated by the technical non‑compliance.
  • Whether the writ remedies of certiorari and mandamus are appropriate in the present circumstances.

Subjects

  • tender evaluation
  • technical qualification
  • mandatory document
  • CMBD
  • substantially responsive bid
  • Article 14
  • procurement law
  • certiorari
  • mandamus
  • public works

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.883 of 2026
     ======================================================
     M/s Anirudh Sarswati Construction a Partnership Firm, having its Office At
     Azad Nagar (Sarswati Sadan), Ward No. 09, Madhepura, Bihar- 852113,
     through its Partner, namely, Arvind Kumar, aged about 56 years (Male), Son
     of Anirudh Prasad Yadav, Resident of Villajge- Sahugadh-2 Bhatu Tola, Ward
     No. 7, Madhepura, P.O. and P.S. and District- Madhepura, Bihar- 852113.

                                                              ... ... Petitioner
                                     Versus
1.   The State of Bihar through the Additional Chief Secretary, Rural Works
     Department, Government of Bihar, 5th Floor, Visvesvaraya Bhawan, Nehru
     Path, Patna, Bihar 800015.
2.   The Additional Chief Secretary, Rural Works Department, Government of
     Bihar, 5th Floor, Visvesvaraya Bhawan, Nehru Path, Patna, Bihar 800015.
3.   The Engineer-in-Chief-Cum-Additional Commission-cum-Special Secretary,
     Rural Works Department, Government of bihar, 5th Floor, Visvesvaraya
     Bhawan, Nehru Path, Patna, Bihar 800015.
4.   The Chief Engineer- 4 (Purnea) Rural Works Department, Government of
     Bihar.
5.   The Superintending Engineer, Work Circle Madhepura, Rural Works
     Department, Government of Bihar.
6.   The Executive Engineer, Work Circle Madhepura, Rural Works Department,
     Government of Bihar.
7.   The Nodal Officer, Mukhya Mantri Gramin Sadak Unnayan Yojana, Rural
     Works Department, Government of Bihar.
8.    M/s R.K. Construction (Bid ID- 625036), Plot No. 9, Bhuiyadih, P.O.-
      Agrico, P.S.- Sitaramdera Jamshedpur Jharkhand- 831009 through its
      Proprietor, namely, Rajender Shangari, Son of Late Jagdish Shangari.
                                                                ... ... Respondents
     ======================================================
     Appearance :
     For the Petitioner     :      Ms. Shrishti Singh, Advocate
                                   Mr. Pranav Kumar, Advocate
     For the State          :      Mr. Amish Kumar, AC to AG
     For the Respondent No.8:      Mr. Anand Kumar Ojha 1, Advocate
                                   Mr. Sushil Kumar, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                                and
             HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                           ORAL JUDGMENT
            (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

      Date : 24-03-2026

                    Heard learned counsel for the parties.
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                      2. The following reliefs have been sought in the

         present writ application:

                         “(i) To issue an appropriate writ, order, direction in the
                         nature of certiorari for quashing the revised technical
                         bid decision of the Committee headed by the Engineer-
                         in-Chief-cum-Additional       Commissioner-cum-Special
                         Secretary, Rural Works Department, dated 02.01.2026
                         published through memo no. 32 dated 12.01.2026 in
                         relation to NIT No. RRSMP-11/2025-26 (Package no.
                         Madhepura/05) of the Rural Works Department,
                         Government of Bihar, to the extent that the respondent
                         no. 8 has been once again, declared as technically
                         qualified (Annexure-P/10, Pg. 71).
                         (ii) To issue an appropriate writ, order, direction in the
                         nature of certiorari for quashing the financial bid
                         decision dated 28.11.2025 in relation to NIT No.
                         RRSMP-11/2025-26 of the Rural Works Department,
                         Government of Bihar, to the extent that the private
                         respondent no.8, namely, M/s R.K. Construction has
                         been declared as L1 on the basis of incorrect technical
                         bid qualification (Annexure-P/5, Pg-58).
                         (iii) To issue an appropriate writ, order, direction in the
                         nature of mandamus commanding the respondents to
                         revise the financial bid and accordingly, declare the
                         petitioner as L1, as according to the financial bid
                         decision dated 28.11.2025, the petitioner is L2 but the
                         private respondent no. 8, namely, M/s R.K. Construction
                         has been wrongly declared as technically qualified and
                         consequently, as L1.
                         (iv) To issue an appropriate writ, order, direction in the
                         nature of certiorari for the consequential relief of
                         quashing the revised technical bid decision dated
                         25.11.2025 published through memo no. 3995 dated
                         28.11.2025 in relation to NIT No. RRSMP- 11/2025-26
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                         of the Rural Works Department, Government of Bihar,
                         to the extent that the respondent no. 8 has been once
                         again, declared as technically qualified. (Annexure-P/4,
                         Pg53).
                         (v) To issue an appropriate writ, order, direction in the
                         nature of certiorari for the consequential relief of
                         quashing the technical bid decision dated 08.09.2025
                         published through memo no. 3338 dated 09.09.2025 in
                         relation to NIT No. RRSMP-11/2025-26 of the Rural
                         Works Department, Government of Bihar, to the extent
                         that the respondent no. 8 has been declared as
                         technically qualified. (Annexure-P/2, Pg. 50).
                         (vi) To issue an appropriate writ, order, direction in the
                         nature of certiorari for quashing any consequential
                         action taken pursuant to the impugned decision,
                         including quashing of any letter of award, agreements
                         entered with third party, if any.
                         (vii) To any other relief or reliefs for which the
                         petitioner is found to be entitled to in the facts and
                         circumstances of the case.”


                      3. The brief facts of the present case are that the

         petitioner had participated in a tender process pursuant to Notice

         Inviting Tender (NIT) bearing no. RRSMP-11/2025-26 dated

         26.07.2025 issued by the Rural Works Department, Government

         of Bihar. The petitioner submitted his bid for Package No.

         Madhepura/05 and was declared technically qualified along

         with other bidders, including the private respondent, M/s R.K.

         Construction, vide decision dated 08.09.2025. However, the

         petitioner submitted an objection dated 13.09.2025, against the
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         technical qualification of the private respondent, alleging that

         the private respondent did not fulfil the mandatory criteria under

         Clause 4.4A(a) of CMBD. The respondent department

         considered the objection and passed an order dated 28.11.2025,

         whereby the private respondent had again been declared

         technically qualified. Another objection was submitted by the

         petitioner vide letter dated 01.12.2025, challenging the technical

         qualification of the private respondent on the ground of non-

         conformity to Clause 4.4A(a) of CMBD.

                      4. Pursuant thereto, the petitioner approached this

         court, and in CWJC No. 19719 of 2025, the respondent

         authorities were directed to consider the representation of the

         petitioner. The respondent department passed a reasoned order

         dated 12.01.2026, affirming its earlier orders, whereby the

         technical qualification of the private respondent has been

         upheld.

                      5. Vide order dated 29.01.2026, notice was issued to

         respondent no. 8. In pursuance thereof, Mr. Anand Kumar Ojha,

         learned counsel, has entered appearance on behalf of respondent

         no. 8 by filing Vakalatnama on 18.02.2026, which is taken on

         record. However, till date, no counter affidavit has been filed on

         behalf of respondent No.8.
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                      6. Vide order dated 29.01.2026, this Court had

         observed as under:

                                 “3. It is not in dispute that the petitioner is one of
                                 the technically qualified bidders. In the present writ
                                 application, the petitioner has challenged the
                                 technical bid decision whereby respondent No. 8 has
                                 also been declared technically qualified."
                                 4. It has been brought to the notice of this Court that
                                 ITB 24.2 of the Combined Model Bidding Document
                                 (CMBD) deals with the evaluation and comparison
                                 of bids. The said ITB 24.2 defines a “substantially
                                 responsive bid”, which is extracted hereunder
                            E. Evaluation and Comparison of Bids

         ITB 24.2    A substantially responsive bid is one that fulfills the following
                     mandatory requirements of the Bidding Document:-
                     Sl. No. Mandatory requirement of the        ITB Clause Reference of
                             Bidding Document                               Format

                     1        ATO                                Clause-
                                                                 4.4A(a)
                     2        Similar Work Experience            Clause-
                              Certificate                        4.4A(c)
                     3        Existing Commitment and On-        Clause-      Section-III
                              going Works                        4.2(m)       Qualificatio
                                                                              n
                                                                              Information
                                                                              Clause-
                                                                              1.3.2(A)
                     4        Deleted
                     5        Bid Validity                       Clause       Section-IV
                                                                 16.1
                     6        Evidence of access to line(s) of   Clause       Section-IV
                              credit and availability of other   4.2(g)
                              financial resources/facilities
                              certified by banker
                     7        Undertaking to invest money        Clause       Section-IV
                              from own resources                 4.4B(b)(iii)
                     8        Conditions relating to Joint       Clause 4.3
                              Venture, where applicable          and 4.4D
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                      5. It has further been pointed out that Sl. No.-1 of the said ITB

         refers to ATO Clause 4.4A(a), which reads as follows:

         क 0 सं CMBD की कंडडिका        पूरर मे CMBD               प्रस्ताकरत प्ररधान
         0                             मे अंककत
                                       प्ररधान
         1.      4.4A(a)               -----------    ------------------


                                                      Note:
                                                      1. ----
                                                      2. Payment Certificate of Required
                                                      civil Engineering work of any one
                                                      year (by which the bidder will be
                                                      qualified) should be attached as
                                                      mandatory.




                      7. Learned counsel for the petitioner submits that the

         Clause 4.4A(a) of the CMBD, amended vide letter dated

         14.07.2025, unequivocally mandates submission of a payment

         certificate of the relevant financial year/qualifying year along

         with the bid, and the same is integral to determine whether a bid

         is ‘substantially responsive’ under Clause 24.2 of CMBD. It is

         submitted that respondent no. 8 failed to furnish such certificate

         at the time of submission of the bid and, therefore, could not

         have been declared technically qualified.

                      8. Learned counsel for the petitioner further submits

         that the said clause had been amended vide letter dated

         14.07.2025, and since the present NIT had been published on

         26.07.2025, the said amendment would be applicable for the

         purposes of present NIT.
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                      9. Learned counsel further submits that Clause 24.1 to

         24.4 of the CMBD mandates that the determination of

         responsiveness must be based solely on the contents of the bid

         itself and any bid which is not substantially responsive is liable

         to be rejected and cannot be subsequently made responsive by

         curing material deficiencies. Clause 24.1 to 24.4 is reproduced

         hereinbelow:

                                 "24.1       The       Engineer-in–chief-cum-Additional
                                 Commissioner-cum-Special Secretary/ Engineer-in–
                                 chief’s determination of a bid’s responsiveness is to
                                 be based on the contents of the bid itself, as defined
                                 in ITB10.
                                 24.2 A substantially responsive bid is one that meets
                                 the requirements of the Bidding Document without
                                 material deviation, reservation, or omission. The
                                 mandatory         requirements   for   a   substantially
                                 responsive bid is mentioned in Bid Data Sheet. A
                                 material deviation, reservation, or omission is one
                                 that,
                                 (a) if accepted, would
                                 (i) Affect in any substantial way the scope, quality,
                                 or performance of the Works specified in the
                                 Contract; or
                                 (ii) Limit in any substantial way, inconsistent with
                                 the Bidding Document, the Engineer-in–chief-cum-
                                 Additional                  Commissioner-cum-Special
                                 Secretary/Engineer-in–chief’s rights or the Bidder’s
                                 obligations under the proposed Contract; or
                                 (b) If rectified, would unfairly affect the competitive
                                 position of other Bidders presenting substantially
                                 responsive bids.
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                                 24.3      The       Engineer-in–chief-cum-Additional
                                 Commissioner-cum-Special Secretary / Engineer-in–
                                 chief’s shall examine the technical aspects of the bid
                                 submitted in accordance with ITB 14.
                                 24.4 If a bid is not substantially responsive to the
                                 requirements of the Bidding Document, it shall be
                                 rejected by the Engineer-in–chief-cum- Additional
                                 Commissioner-cum-Special Secretary / Engineer
                                 -in–chief’s and may not subsequently be made
                                 responsive by correction of the material deviation,
                                 reservation, or omission.”


                      10. Learned counsel for the State referring to

         paragraphs 23 to 26 of the counter affidavit submits that the

         Technical Bid Tender Committee, in its meeting dated

         08.09.2025, declared all eligible bidders, including respondent

         no. 8, as technically qualified based on the documents

         submitted.

                      11. It is submitted that upon receipt of objection from

         the petitioner, the department undertook verification of the civil

         works and turnover details furnished by respondent no. 8 from

         the concerned authorities, including TSUISL (Tata Steel Utilities

         and Infrastructure Services Limited) and upon such verification,

         found the bid capacity of respondent no. 8 to be in order.

         Accordingly, in the re-meeting dated 25.11.2025, the technical

         qualification of respondent no. 8 was reaffirmed and its

         financial bid was opened, wherein it emerged as L1.
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                      12. It is further submitted that Clause 25.1 of the

         CMBD empowers the authority to seek additional documents to

         rectify non-material non-conformities, and the documents

         sought from respondent no. 8 were only for verification

         purposes. It is thus submitted that the decision of the

         respondents is in accordance with the tender conditions and

         does not call for interference.

                      13. Per contra, learned counsel for the petitioner

         submits that Clause 25.1 of the CMBD, relied upon by the

         respondents, applies only to non-material non-conformities and

         cannot be invoked to cure a fundamental defect such as non-

         submission of a mandatory document. The action of the

         respondents is thus arbitrary and violative of Article 14 of the

         Constitution of India.

                      14. Learned counsel for the respondent No.8 has

         adopted the arguments as advanced by the learned counsel for

         the State.

                      15. The limited issue that arises for consideration is

         whether a mandatory condition stipulated in the bid document

         can be overlooked or relaxed by the authority concerned while

         determining technical qualification of a bidder.

                      16. At the outset, it is well settled that the terms and
Patna High Court CWJC No.883 of 2026 dt.24-03-2026
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         conditions of a tender document constitute the foundational

         framework governing the bidding process and are binding on all

         the participants as well as the authority issuing the tender. The

         sanctity of such conditions, particularly those expressly

         characterized as mandatory, cannot be diluted or relaxed in a

         manner that would compromise fairness, transparency, and

         equality amongst competing bidders. The Hon’ble Supreme

         Court in Central Coalfields Ltd. v. SLL-SML (Joint Venture

         Consortium) reported in (2016) 8 SCC 622, has observed that

         while the employer is best suited to interpret tender conditions,

         such discretion must be exercised uniformly and without

         arbitrariness. The relevant part of the said order reads as

         follows:

                         “47. ... Ordinarily, the soundness of the decision taken by
                         the employer ought not to be questioned but the decision-
                         making process can certainly be subject to judicial review.
                         The soundness of the decision may be questioned if it is
                         irrational or mala fide or intended to favour someone or a
                         decision “that no responsible authority acting reasonably
                         and in accordance with relevant law could have reached”
                         as held in Jagdish Mandal followed in Michigan Rubber.”



                      17. It is evident from the statements made in the writ

         petition, and the counter affidavit, that the present NIT had been

         published on 26.07.2025. An amendment in some clauses of the
Patna High Court CWJC No.883 of 2026 dt.24-03-2026
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         CMBD was notified vide letter dated 14.07.2025, wherein the

         relevant Clause 4.4A(a) of the CMBD was also amended. The

         said amendment would find application in the present NIT, as

         the amendment had been notified vide letter dated 14.07.2025,

         and the present NIT has been published at a later date on

         26.07.2025.

                      18. In the present case, the amended Clause 4.4A(a)

         of the CMBD, as noticed by this Court in its earlier order dated

         29.01.2026, unequivocally mandates submission of payment

         certificate of requisite civil engineering work for a qualifying

         year. The use of the term ‘mandatory’ leaves no scope for

         ambiguity. The said requirement is intrinsically linked with

         determination of eligibility and bid capacity and forms part of

         the criteria for a ‘substantially responsive bid’ under Clause

         24.2.

                      19. However, upon perusal of materials on record it is

         evident that the payment certificate for the relevant financial

         year/qualifying year had not been submitted by the private

         respondent. Further, the department in its order dated

         12.01.2026, has stated that only the ATO sheet, along with a

         26AS certificate for the relevant financial year was attached

         with the bid document. The submission of payment certificate
Patna High Court CWJC No.883 of 2026 dt.24-03-2026
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         for the relevant financial year/qualifying year does not find any

         mention in the impugned order. As such, it is evident that a

         mandatory clause of the CMBD has not been fulfilled. The

         relevant part of the order dated 12.01.2026 is reproduced

         hereinbelow:

         “ oLrqfLFkfr ;g gS fd fufonkdkj M/s. R.K. Construction }kjk%&

           fufonk esa UDIN vk/kkfjr dqy jkf'k :0 11554-28189 yk[k dk Annual

         Turnover Summary sheet layXu fd;k x;k gS] ftlij Civil Work dh jkf'k

         dze la[;k&01 ls 09 ij vafdr gS ftldh dqy jkf'k :0 10666-94 yk[k vafdr gSA

         v/kh{k.k vfHk;ark] xzkeh.k dk;Z foHkkx] dk;Z vapy&e/ksiqjk ds i=kad&886 ¼vuq0½]

         fnukad&26-08-2025 }kjk bl fufonk dk rqyukRed fooj.kh eq[;ky; dks miyC/k

         djk;k x;k Fkk ftlds lkFk lHkh 03 fufonkdkjksa dk 'kiFk&i= 26AS dh izfr lfgr

         ¼fnukad&20-08-2025] 20-08-2025] ,oa 22-08-2025 dk 'kiFk&i=½ Hkh layXu gS] rkfd

         Civil Work dh jkf'k dk feyku fd;k tk ldsA

                 fnukad& 08-09-2025 dks laiUu rduhdh chM fufonk lfefr dh laiUu cSBd

         esa bl fufonk esa Hkkx ysus okys fufonkdkjksa }kjk fufonk esa layXu fd;s x;s dkxtkrksa

         ds vk/kkj ij U;wure vgrkZ iwjk djus okys (CMBD dh dafMdk 24-2½ lHkh

         fufonkdkjksa dh fufonk dks rduhdh :i ls ;ksX; ?kkssf"kr fd;k x;kA rnksijkar

         fufonkdkj MS Anirudh Saraswati Construction (Bid Id-626191) ls izkIr

         ifjokn ds vkyksd esa fufonkdkj M/s. R.K. Construction }kjk fufonk esa lefiZr

         Annual Turnover Summary sheet ds dze la[;k&01 ls 06 ij vafdr

         Government Sector ls lacaf/kr Civil Work dh jkf'k ¼:0 2508-077 yk[k½ ds

         vfrfjDr dze la[;k&07 ,oa 09 ij vafdr vf/kdre nks Civil Work dh jkf'k ds

         lR;kiu gsrq lacaf/kr dk;kZy; dks eq[;ky; Lrj ls i= Hkstk x;kA mDr ds vkyksd
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         esa dze la[;k&09 ij vafdr vf/kdre Civil Work dh jkf'k :0 5971-66417 yk[k

         ds lR;kiu ds laca/k esa lacaf/kr QeZ Tata Steel utilities and Infrastructure

         Services Limited (TSUISL) }kjk ;g iqf"V fd;k x;k fd M/s. R.K.

         Construction }kjk foRrh; o"kZ 2023&24 esa Annual Rate Contract (ARC)

         for All kind of Civil Repair Job ls lacaf/kr Billed Value dh jkf'k :0 5827-

         45660 yk[k gSA fufonkdkj M/s. R.K. Construction(Bid Id-625036) }kjk

         foRrh; o"kZ 2023&24 esa fd;s x;s vf/kdre jkf'k okys Civil Work dh jkf'k ds

         lR;kiuksijkUr vkdfyr Available Bid Capacity dh jkf'k bl fufonk dh jkf'k ls

         vf/kd ik;k x;k] ftl dkj.k fnukad&25-11-2025 dks rduhdh chM fufonk lfefr dh

         lEiUu iqucSZBd esa fufonkdkj M/s. R.K. Construction (Bid Id-625036) ds

         rduhdh chM dks iqu% ;ksX; ?kksf"kr fd;k x;k ,oa iwoZ dk fu.kZ; ;Fkkor jgus ds

         dkj.k dk;Zokgh Upload djus ds lkFk foRrh; chM [kksyus dk vkns'k fn;k x;kA

         foRrh; chM esa fufonkdkj M/s. R.K. Construction(Bid Id-625036) }kjk

         m)`r nj (-) 5-10 izfr'kr dks L1] fufonkdkj MS Anirudh Saraswati

         Construction (Bid Id-626191) }kjk m)`r nj ¼&½ 1-88 izfr'kr dks L2 rFkk

         fufonkdkj Diwakar Kumar (Bid Id-626404) }kjk m)`r nj 0-00 izfr'kr dks

         L3 ik;s x;sA”

                      20. A reading of Clauses 24.1 to 24.4 of the CMBD

         make it explicitly clear that the determination of responsiveness

         must be based solely on the contents of the bid as submitted and

         that a bid which is not substantially responsive cannot be

         subsequently made responsive by curing a material omission.

         Clause 24.4, in particular, prohibits any post-submission
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         rectification of a material deviation.

                      21. In such circumstances, and considering the

         express provisions under CMBD, the reliance placed by the

         respondents on Clause 25.1 of the CMBD is wholly misplaced.

         The     said     provision       permits      the     authority         to   seek

         clarification/additional information only in respect of non-

         material deficiencies and that too where the bid is otherwise

         substantially responsive.

                      22. This position has been reiterated by the Hon’ble

         Supreme Court in Banshidhar Construction Pvt. Ltd. v. Bharat

         Coking Coal Ltd. reported in (2024) 10 SCC 273, wherein it has

         been observed that a bidder cannot be permitted to cure a

         fundamental defect in its bid after the last date of submission

         and mandatory conditions cannot be waived or relaxed. The

         relevant part of the said order reads as follows:

                                 “20… This was the mandatory requirement of NIT,
                                 the same being related to the qualification criteria
                                 as also transpiring from Clause 2.2.5 of the RFB.

                                 21. Admittedly, Respondent 8 had not submitted the
                                 scanned copies of its Audited Annual Reports for the
                                 last   three   financial    years,   at   the    time   of
                                 submitting/uploading the bid documents, before the
                                 last date fixed i.e. 1-12-2023 and the same were
                                 submitted on 17-4-2024 only when the clarification
                                 was sought from Respondent 8, after the technical
                                 bids were opened on 4-12-2023.
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                                 22…. there was no justification on the part of the
                                 respondent authorities for accepting the technical
                                 bid of Respondent 8, which clearly was not in
                                 compliance with the same mandatory Clause 10 of
                                 NIT. The respondent BCCL has miserably failed to
                                 justify as to how the technical bid of Respondent 8
                                 was accepted when it had not submitted the requisite
                                 important documents related to the qualification
                                 criteria as mentioned in Clause 10 of NIT.

                                 23. A lame submission was made on behalf of the
                                 respondent BCCL that the Tender Evaluation
                                 Committee could call for the shortfall of documents
                                 and could not allow replacement of the documents,
                                 and that Respondent 8 was asked to submit the
                                 shortfall documents only. We are neither impressed
                                 nor can accept the said submissions. Further, apart
                                 from the fact that the technical bid of Respondent 8
                                 deserved to be rejected at the threshold for non-
                                 compliance of Clause 10 of NIT, there was also no
                                 legal and justifiable reason for rejecting the
                                 technical bid of the appellant.

                                 ...

                                 27. Thus, the said action of the respondent BCCL in
                                 rejecting the technical bid of the appellant on
                                 absolutely extraneous ground and accepting the
                                 technical bid of Respondent 8 though submitted in
                                 utter non-compliance of the mandatory requirement
                                 of Clause 10 of NIT, and subsequently calling upon
                                 Respondent 8 to furnish the shortfall of documents
                                 after the opening of technical bids of the bidders,
                                 was totally arbitrary and illegal.”



                      23. In W.B. State Electricity Board v. Patel
Patna High Court CWJC No.883 of 2026 dt.24-03-2026
                                          16/19




         Engineering Co. Ltd. reported in (2001) 2 SCC 451, the

         Hon’ble Supreme Court has observed that the terms of the

         invitation to tender must be strictly adhered to and cannot be

         deviated from, in favour of any bidder. The relevant part of the

         said judgment reads as follows:

                         “24. It is essential to maintain the sanctity and integrity of
                         process of tender/bid and also award of a contract. The
                         appellant, Respondents 1 to 4 and Respondents 10 and 11
                         are all bound by the ITB which should be complied with
                         scrupulously. In a work of this nature and magnitude where
                         bidders who fulfil prequalification alone are invited to bid,
                         adherence to the instructions cannot be given a go-by by
                         branding it as a pedantic approach, otherwise it will
                         encourage     and    provide    scope   for   discrimination,
                         arbitrariness and favouritism which are totally opposed to
                         the rule of law and our constitutional values. The very
                         purpose of issuing rules/instructions is to ensure their
                         enforcement lest the rule of law should be a casualty.
                         Relaxation or waiver of a rule or condition, unless so
                         provided under the ITB, by the State or its agencies (the
                         appellant) in favour of one bidder would create justifiable
                         doubts in the minds of other bidders, would impair the rule
                         of transparency and fairness and provide room for
                         manipulation to suit the whims of the State agencies in
                         picking and choosing a bidder for awarding contracts as in
                         the case of distributing bounty or charity. In our view such
                         approach should always be avoided. Where power to relax
                         or waive a rule or a condition exists under the rules, it has
                         to be done strictly in compliance with the rules. We have,
                         therefore, no hesitation in concluding that adherence to the
                         ITB or rules is the best principle to be followed, which is
                         also in the best public interest.”
Patna High Court CWJC No.883 of 2026 dt.24-03-2026
                                          17/19




                      24. Applying the aforesaid principles to the facts of

         the present case, it is evident that the respondent no. 8 did not

         furnish the mandatory payment certificate for the relevant year

         along with its bid. This omission on part of the private

         respondent would be relevant in determining the eligibility of

         the bidder and cannot be treated as a minor procedural lapse. In

         terms of Clause 24.4 of the CMBD, such a bid ought to have

         been rejected as non-responsive.

                      25. Instead, the authorities undertook a post-bid

         verification process and permitted respondent no. 8 to furnish

         supporting documents. This effectively allowed supplementation

         of mandatory documents of the bid after the cut-off date, which

         is impermissible under the provisions of CMBD, and would

         constitute as procedural irregularity on part of the respondent-

         department. Such procedural irregularity would be non-curable

         as it effectively determines the substantive right of the petitioner

         and it essentially causes failure of justice.

                      26. The contention of the respondents that such

         documents were sought merely for verification cannot be

         accepted,      as   verification       presupposes     the   existence   of

         foundational material in the bid itself. In the absence of the

         mandatory       document,        the     exercise    undertaken   by     the
Patna High Court CWJC No.883 of 2026 dt.24-03-2026
                                          18/19




         respondents amounts to curing a fundamental defect in the bid

         of the private respondent. Such action confers an undue

         advantage upon respondent no. 8 and disturbs the level playing

         field among bidders, thereby violating the principle of equality

         enshrined under Article 14 of the Constitution of India. The fact

         that such exercise was undertaken only after objections were

         raised, strengthens the argument that the bid was deficient at the

         very initial stage.

                      27. In these circumstances, this Court is of the

         considered opinion that the action of the respondents in

         declaring respondent no. 8 as technically qualified, despite non-

         submission of a mandatory document at the time of bid

         submission, is clearly arbitrary, contrary to the tender

         conditions, and legally unsustainable. Consequently, the

         impugned decisions, whereby respondent no. 8 has been

         declared technically qualified and thereafter as L1, cannot be

         sustained in the eyes of law.

                      28. In view of the aforesaid discussion, order dated

         12.01.2026, as contained in Annexure – P/10 is set aside.

         Further, the financial bid decision dated 28.11.2025, as

         contained in Annexure – P/5, to the extent that respondent No.8

         has been declared as L1, is also set aside.
             Patna High Court CWJC No.883 of 2026 dt.24-03-2026
                                                       19/19




                                   29. Accordingly, the present writ application stands

                      allowed.

                                   30. Pending application(s), if any, shall stand disposed

                      of.


                                                               (Sudhir Singh, J.)


                                                            (Shailendra Singh, J.)


Gaurav Kumar/-

AFR/NAFR                A.F.R.
CAV DATE                N.A.
Uploading Date          06.04.2026
Transmission Date       N.A.


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