AIROnline 2025 SC 851

Constitution of India , Art.226— Tender – Rectification of financial bid – Legality – Out of seven bidders who participated in tender process for Road User Fee collection, four including appellant and respondent, were shortlisted as being technically qualified – Request made by respondent after financial bids were finalized , for rectifying alleged inadvertent mistake in quoting BOQ rate, was rejected by authority – Clause in tender notice permitting authority to seek clarification regarding already submitted documents was erroneously interpreted by Division bench of High Court to include rectification of bona fide mistakes in quoting BOQ rates – Such rectification was impermissible having regard to the terms and conditions of the contract – Constitutional courts must exercise restraint in interfering with a tender process – Benefit to public exchequer cannot outweigh adherence to rules and conditions of tender and sanctity of tender process – Order of High Court permitting rectification of financial bid was erroneous
AIROnline 2024 Cal 1729-ReversedAIR 2024 SC 3784-FollowedAIR 2016 SC 4305-Followed

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