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2025 DAILYLAW 77795 (ALL)

M/S TRY AND ANOTHER v. UNION OF INDIA AND 2 OTHERS

WRIC/24180/2025 · 2025-07-31

Saurabh Dwivedi Registrar J Cpc, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:128986-DB Court No. - 39 Case :- WRIT - C No. - 24180 of 2025 Petitioner :- M/S Try And Another Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Utkarsh Tripathi Counsel for Respondent :- A.S.G.I.,Ankush Tandon,Gaurav Kumar Chand Hon'ble Arindam Sinha,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Mr. Manish Singh, learned advocate holding the brief appears on behalf of petitioners and submits, his clients have challenged notice inviting tender (NIT) dated 29th May, 2025. On query he submits, main ground of challenge is clause 10.3 bearing relaxation from earlier NIT dated 6th June, 2022. This has been done to accommodate private respondent no.3. On further query he submits, his clients stood disqualified on not fulfilling requirements under clauses 10.2 and 10.3. He draws attention to paragraph 34 to assert fulfillment by his client of requirement under clause 10.2. He refers to certificate dated 6th December, 2023 issued by Office of Tribal Welfare Commissioner, Government of Jharkhand, Ranchi to demonstrate fulfillment of clause 10.3. On still further query he submits, the tender process stands concluded and work order issued to private respondent no.3. He seeks interference. 2. Mr. Gaurav Kumar Chand, learned advocate, Central Government Counsel appears on behalf of respondent no.1 (Union of India). Mr. Ankush Tandon, learned advocate appears on behalf of respondent no.2. 3. It is clear that petitioner participated in the tender process and upon being unsuccessful has challenged the tender itself while asserting qualification. In other words, though petitioners are disputing the disqualification, there is no prayer in the petition in support of the assertion of qualification. The NIT has been challenged after the tender process concluded and work order issued to private respondent no.3. Petitioners, if felt necessity to challenge the tender process should have done so at the very outset. However, they have come after being unsuccessful, which is not permissible. Reference may be made to judgment of the Supreme Court in Jagdish Mandal v. State of Orissa reported in (2007) 14 SCC 22. 4. The writ petition is dismissed. Order Date :- 1.8.2025 Shahroz (Arindam Sinha,J.) (Dr. Y.K. Srivastava,J.) Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad