Allahabad High Court Rules on Waiver of Inspection in Tender Process

Background of the Case

The case stemmed from a petition filed by Dynamic Infracon Pvt. Ltd. challenging a tender process conducted by the Uttar Pradesh government for the Maha Kumbh Mela 2025. The petitioner's grievances were related to the waiver of mandatory physical inspections for all applicants by the Sal Sleeper Purchase Committee.

Petitioner's Argument
The petitioner argued that the waiver of inspection for all bidders violated the tender's fairness, especially since they were placed in a lower position in the bidding process.

Respondents' Defense
The respondents maintained that the waiver was uniformly applied to all bidders, ensuring no favoritism or arbitrariness. They defended the decision, citing the discretionary power granted by Clause 6(h) of the e-bid document.

Court's Analysis
The court, referencing precedents from the Supreme Court, noted that state decisions in tender processes could only be challenged if proven to be arbitrary, discriminatory, or mala fide. It found that the uniform waiver did not meet these criteria and was not subject to writ jurisdiction under Article 226.

Verdict
The Allahabad High Court dismissed the petition, upholding the waiver as reasonable and non-arbitrary.

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