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2020 (1) TMI 2 - HC - Indian LawsRejection of Tender application - rejection on the ground that 'as per NIT condition No. 23(V) the GST clearance certificate was mandatory document to be uploaded with tender documents otherwise the tender was supposed to be rejected - case of the petitioner is that he had complied with the said condition and uploaded all the requisite documents, as required in terms of Condition No. 2 (v) and (vi) and was eligible for consideration of his tender application. HELD THAT:- It is worthwhile to record herein that the prospective bidders are required to furnish the relevant information/documents alongwith their tender form/ application in a particular manner, as reflected/required in terms of the tender notification and when such compliance has been made, it is not open for the authorities to reject the applications/bids for non-compliance of the condition(s) not mentioned or highlighted in the tender notification - In the present case, the tender notification required the petitioner to upload certain particulars in terms of condition No. 2 (v), which the petitioner has done, but, the respondents have rejected the tender application of the petitioner for not uploading the month-wise GST Clearance Certificate along-with the tender application, which condition was not specifically provided in the tender notification. Petitioner can only be expected to comply with the conditions stipulated in the tender notification and in case the respondents require that tender application should be accompanied with month-wise GST Clearance Certificate, then the said condition should have been reflected in the tender notification itself - In the absence of such condition in the tender application, the action of the respondents in rejecting the tender application/technical bid of the petitioner is arbitrary, contrary to the tender notification and requires to be set aside. This writ petition is allowed and the respondents are directed to issue fresh tender notification highlighting therein all the documents/certificates required to be furnished at the time of uploading the tender application.
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