In W.B. State Electricity Board vs. Patel Engineering Co. Ltd. and Others, reported in (2001) 2 SCC 45, this Court while considering the issue with regard to the process of tender held :
“where bidders who fulfil pre-qualification 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 constitutional values”.
It was also held :
“the very purpose of issuing rules/instructions is to ensure their enforcement lest the rule of law should be a casualty”.
It was further held :
“the contract is awarded, normally, to the lowest tenderer which is in public interest and that it is equally in public interest to adhere to the rules and conditions subject to which bids are invited”.
Ref: AIR 2009 SCW 2274 : (2009) 4 SCALE 1 : (2009) 11 SCC 9
Categories: Judicial Dictionary