2018 (1) TMI 1003 – CALCUTTA HIGH COURT – TMI – Validity of Tender process initiated by the Geological Survey of India, Eastern Region by a notice inviting tender dated April 27, 2017 – Held that: – action of the authorities in obtaining information from the participants as to the tax implications cannot faulted – On evaluation, the authorities found the price quoted by the successful bidder to be lower than that of the petitioner after taking GST implications. Such a decision cannot faulted as being perverse – there is no material irregularity in the decision making process of the respondent authorities or their decision warranting an interference by the writ Court – petition dismissed. – W. P. No. 569 ( W ) of 2018 Dated:- 17-1-2018 – D
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response to such enquiry, the petitioners had stated that, the amount quoted by the petitioners did not include GST as at the time of initiation of the tender process, GST was not in force. The other participant apparently had claimed that, GST was included in the quoted price. The authorities thereafter did not find the petitioners to be the lowest tenderer as the rate quoted by the other tenderer after factoring FST component was found to be lower. He submits that, the finding of the authorities is perverse. The respondents are represented. Learned Advocate appearing for the respondents submits that, the work order has since been issued. The tender process was not finalized with the first declaration of the petitioner being the lowest ten
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n record. As noted above, the tender process initiated by the tender notice dated April 27, 2017 is under challenge in the present writ petition. The petitioners were admittedly found to be technically qualified and their financial bids were opened. At the initial stage of the financial bid, the petitioners were declared to be the lowest tenderer. The authorities enquired from the participants as to whether the bids of the participants included the imposition of GST or not. The authorities had, therefore, given a level playing field to all the participants participating in the tender process. The action of the authorities in obtaining information from the participants as to the tax implications cannot faulted. It is within their rights to h
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