Court directs M/s K.K. Gupta Constructions to file an offline appeal following technical bid rejection; halts tender process pending decision.
In a significant development, the Rajasthan High Court, presided over by Justice Anoop Kumar Dhand, has intervened in a contentious tender process involving M/s K.K. Gupta Constructions Private Limited and the Union of India. The court has directed the petitioner to submit an offline appeal after the company's technical bid was rejected in a tender for road construction along the Indo-Pakistan border.
The dispute arose after M/s K.K. Gupta Constructions alleged that their appeal against the rejection of their technical bid was unsuccessfully submitted via the Central Public Works Department (CPWD) e-tender portal due to technical issues. The company contended that they were informed on the portal that the "appeal reasons submitted successfully" before closing the page, implying completion. However, the respondent, Union of India, argued that the appeal was not properly submitted as the 'Close' button was not pressed, likening the situation to purchasing a train ticket but failing to board the train.
Acknowledging the complexity of the technical dispute, the court noted its limitations in adjudicating such issues but emphasized the principle of "ubi jus ibi remedium" – where there is a right, there is a remedy. The court stressed the importance of ensuring that no party is left without a remedy due to technical glitches.
Consequently, the court instructed the petitioner to file an offline copy of the appeal within 24 hours. It also mandated the respondent department to review and decide on the appeal within two days of its submission. Importantly, the court has restrained the respondents from proceeding with the tender process until a decision on the appeal is made.
This ruling underscores the judiciary's role in ensuring fairness in administrative processes, especially in cases where technical platforms may inadvertently disenfranchise participants. The court's decision highlights the importance of providing alternative remedies to avoid leaving parties without recourse.
Bottom Line :
Tender process - Submission of appeal against rejection of technical bid - Disputed question of fact regarding the submission of appeal on e-portal - Person cannot be left remediless - Court directs the petitioner to submit an offline appeal and restrains respondents from proceeding with the tender process until the appeal is decided.
Statutory provision(s): ubi jus ibi remedium principle
