The Rajasthan High Court recently dismissed a PIL challenging the tender process of the Urban Improvement Trust, Udaipur.
The PIL filed by one Ambalal Nayak alleged that in pursuant to the tender process, a firm has been awarded the tender for providing boating facilities in Fatehsagar Lake in the city of Udaipur under work order dated 21.12.2021.
Rajat Rajpurohit, the counsel for the petitioner, raised the following four contentions: (i) That the experience of similar nature of work has not been insisted upon in the tender conditions; (ii) That the condition for complying with Euro 6 norms of emission is not possible to be implemented since the same has not yet been introduced in India. (iii) That the documents by the successful bidder have not been supplied under the prescribed format; and (iv) That there is a breach of the provisions of Rajasthan Transparency in Public Procurement Act, 2012.
While considering the PIL, the Division Bench of Chief Justice Akil Kureshi and Justice Rameshwar Vyas opined that the petitioner has not made out any case for interference.
Firstly, the Court held that what should be the terms and conditions of the tender are essentially to be decided by the tender inviting agency.
Secondly, the Bench observed that the contention that Euro 6 norms is not yet applied in India and therefore, the condition is not possible for being complied with, is not a ground on which a public interest petitioner should be concerned. No successful tenderer has challenged the tender process on this ground.
“Lastly, the counsel for the petitioner was not able to demonstrate the factual aspects on the basis of which he could argue the breach of the provisions of Rajasthan Transparency in Public Procurement Act, 2012. The public interest petition is dismissed,” the order reads.