SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures 2025:UHC:1549-DB COURT’S OR JUDGES’S ORDERS 06.03.2025 WPMBNo. 58 OF 2025 Hon'ble G. Narendar, C.J. Hon’ble Alok Mahra, J. Heard Mr. Vikas Bahuguna, learned counsel for the petitioner, Mr. S.S. Chauhan, learned counsel for respondent Nos. 1, 2 and 4 and Ms. Rajni Supyal, learned Brief Holder for the State of Uttarakhand/ respondent No. 3. 2. The short point that is canvassed before this Court is that the respondents have moved for re-tender on the ground that the bids by the two surviving bidders is hit by “conflict of interest” clause. 3. Petitioner has prayed that his technical bid be accepted and further the financial bid of the petitioner firm be considered. 4. Learned counsel for respondent Nos. 1, 2 and 4 has placed before the Court the Manual On Procurement And Contract Management For PMGSY Rural Road Projects. Chapter 3 Clause 3.3 deals with “conflict of interest”. Clause 3.3.1 reads as under: “3.3 Conflict of Interest 3.3.1 During the procurement process, the Employer would need to examine each bid from the point of view of ensuring that no bidder has a conflict of interest. Clause 3.4 of the ITB already alerts all the Bidders in this respect. A bidder would be considered to have a conflict of interest with one or more parties in the bidding process in the following situations: (a) they have one or more controlling partner(s) in common; or (b) they receive or have received any direct or indirect subsidy from any of them; or (c) they have the same legal representative for purposes of this bid; or (d) they have a relationship with each other, directly or through common third parties, that puts them in a position to have access to information about or influence on the Bid of another Bidder, or influence the decisions of the Employer regarding this bidding process; or (e) a Bidder participates in more than one bid in the bidding process for a package. Participation by a Bidder in more than one Bid for a package will result in the disqualification of all Bids in which the party is involved. However, this does not limit the inclusion of the same subcontractor in more than one bid; or (f) a Bidder or any of its affiliates participated as a consultant in the preparation of the design or technical specifications of the contract that is the subject of the Bid; or a Bidder, or any of its affiliates has been hired (or is proposed to be hired) by the Employer as Engineer for the contract.….” 5. One of the conditions is that if two bidders have a relationship with each other, directly or through common third parties; or, if they have one or more controlling partner(s) in common; or if they receive or have received any direct or indirect subsidy, etc. etc., the same is construed to constitute a conflict of interest and such bidders stand disqualified. 6. Learned counsel for the petitioner does not deny this fact. In fact, he would fairly contend that the two surviving firms have common partners. 7. Learned counsel for the petitioner would submit that this fact of both bidders, having common partners had been made known to the respondents a year ago, but no action was taken, and hence, the decision now to re-tender the works is vitiated. The submission is fallacious. Merely because the intimates or discloses the disqualification he suffers in terms of the conditions of contract, it would not constitute a condonation of the disqualification nor any delay in acting amount to waiver of the conditions of the contract. These are eligibility conditions and are thresh-hold bar to even submit the bid and merely delay in passing an order rejection of the bid would not constitute a waiver of the eligibility criteria. 8. In that view of the matter, the decision of the respondents to act in accordance with law needs to be appreciated. 9. Accordingly, the writ petition being bereft of substance or merits stands rejected. 10. It is made clear that rejection of the writ petition will not come in the way of the petitioner if he desires to participate in the re-tender. 11. Pending application, in any, also stands disposed of. (Alok Mahra, J) (G. Narendar, CJ) 06.03.2025 06.03.2025 Rathour