The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.18388 of 2025 M/s. ARS Infratech Paradeep … Petitioner Mr. Gajendra Rout, Advocate -Versus - Secretary, Administrative Port Paradeep The Department, Authority & Others … Opposite Parties Mr. Satya Smriti Mohanty, Advocate along with the associate Advocates
Legal Reasoning
CORAM: HON’BLE THE CHIEF JUSTICE AND HON’BLE MR. JUSTICE MANASH RANJAN PATHAK Order No.
Decision
ORDER 22.07.2025 01. The matter is taken up through Hybrid mode. 2. The letter dated 17.04.2025 issued by an Authority conveying the decision of disqualification of the Petitioner’s firm at the technical bid stage is assailed in an instant writ petition solely on the premise that the moment the Authorities issued a letter dated 20.02.2025 calling upon the petitioner to submit the valid renewed FSSAI certificate, ITR for the assessment year, 2024-25 and declaration of no relationship with any employee of the PPA, it cannot further proceed to reject the bid for non-fulfilling the pre- qualification criteria. Page 1 of 6 3. Pursuant to the E-Tender Call Notice dated 19.11.2024, the application was invited from the intending bidders to participate for providing hospitality services to 100 million guest houses of Paradeep Port and Port Council for a period of two years. Undeniably, the petitioner submitted the tender bid but was disqualified having not complied with the requisite conditions incorporated in the said tender documents. 4. It is manifest from the tender document that it has to pass through two tier of filtration, one in relation to a technical aspect and another the financial one. The bid of the petitioner was rejected at the technical stage, which led to pre-supposition that the offer made by the Petitioner was not in conformity with the eligibility criteria enshrined in the said tender document. Clause-8 of the tender document postulates the minimum eligibility criteria both for technical as well as the financial wherein one of the stipulation contained in paragraph-2 is in relation to a submission of a certified copy of the balance sheet, profit and loss account and the annual income tax returns (assessment year for the past three years (2022-23, 2023-24 and 2024-25)) as a proof of their financial Page 2 of 6 eligibility criteria at the time of submission of the tender documents. 5. Clause-3 contains the exhaustive criteria termed as a statutory requirement embodied within itself, the valid license of Food Safety and Standard Authority of India. We can reasonably proceed to perceive that the genesis of the disqualification have been founded upon non-submission of a valid license of Food Safety and Standard Authority of India. Our attention is drawn to the said letter dated 20.02.2025 issued by the Authority, calling upon the petitioner to submit the valid renewed FSSAI copy and also the ITR for the Assessment year 2024-25 together with the declaration that no relationship with any employees of the PPA. 6. Since the submission of a valid license issued by the FSSAI is one of the requisite conditions for submission of the bid to pass through the technical stage, in the event the Evaluating Committee while finalizing the tender at the technical bid stage, finds that the certain documents which are imperative are wanting, we do not find any illegality and/or infirmity in the said decision of the Authority in rejecting the bid at the technical stage. The reason being that Page 3 of 6 the eligibility criteria incorporated in the said tender bid is not fulfilled and therefore, the intending bidder cannot receive any leniency in this regard. Admittedly, the last date for submission of the tender documents is indicated in the tender notice was 09.12.2024 and, therefore, the first and foremost point which in our opinion involves in the instant writ petition whether the petitioner was able to comply all these statutory conditions incorporated in the said tender document, more particularly, the FSSAI certificate. 7. The reliance appears to have been placed upon Clause- 21 of the E-Tender Call Notice, which bestowed power upon the Authority to seek for clarification on the bid from the bidder during evaluation and the comparison of the bids. The modalities of seeking clarification is also provided therein stipulating the conditions that the bidder shall not be permitted to change its price or the substance of the bid. The embargo is also created that no post bid clarification at the initiative of the bidders shall be entertained and such clarification must be restricted to the shortfall informations/documents in relation to its historical values Page 4 of 6 which must pre-exist at the time of the tender opening and has not undergone any changes. 8. Though the aforesaid expressions are used in a general sense, but an example is also appended thereto as to what would constitute the historical document. We do not find even therefrom that the document sought in relation to FSSAI certificate comes within the ambit of the historical document nor we could perceive any unhindered power bestowed upon the Authorities to ask for clarification of any nature. The moment inhibition is created in the Authority not to transgress the peripheral of the power bestowed under Clause-11, even if any clarification beyond the same is sought, it was without any authority and therefore, cannot confer any inchoate right into a person. 9. Be that as it may, our attention is drawn to the affidavit shown by the petitioner, while complying the requisitions in terms of the letter dated 20.02.2025 which reveals that the FSSAI certificate which is one of the requisite conditions in the tender document was not submitted along with the bid. Any deficiency in submitting the bid within the last date of submission of the documents, shall invite the rejection of the Page 5 of 6 said bid unless the power is conferred upon the Authority to requisitions the bidder to rectify or to submit a further document. The Clause -21 of the E-Tender Call Notice does not indicate the unfettered right having conferred upon the Authority and in view of undisputed fact that the certificate i.e. FSSAI certificate was not annexed to the bid document. We do not find any infirmity in the order of the Authority in rejecting the bid at the technical stage. 10. The grounds taken in the instant writ petition does not warrants any interference with the decision impugned therein. 11. The writ petition is dismissed. No order as to cost. Chief Justice (Harish Tandon) Judge (M.R. Pathak) Narayan/ Ranjeeta Signature Not Verified Digitally Signed Signed by: NARAYAN HO Reason: Authentication Location: OHC Date: 14-Aug-2025 15:37:01 Page 6 of 6