Rajasthan HC Rejects PIL Against Bidding Process For Udaipur Sailing Contract

The High Court of Rajasthan recently dismissed a PIL challenging the bidding process of Urban Improvement Trust, Udaipur.

The PIL filed by an Ambalal Nayak alleged that in accordance with the bidding process, a company had won the tender for the provision of boating facilities on Fatehsagar Lake in the city of Udaipur under a work order dated 21.12.2021.

Rajat Rajpurohit, counsel for the claimant, raised the following four arguments: (i) that experience of work of a similar nature was not required in the terms of the tender; (ii) That the condition of compliance with Euro 6 emission standards cannot be implemented as it has not yet been introduced in India. (iii) That the documents of the successful tenderer were not provided in the prescribed format; and (iv) there is a violation of the provisions of the Transparency in Public Procurement Act 2012 of Rajasthan.

In reviewing the PIL, the divisional bench of Chief Justice Akil Kureshi and Justice Rameshwar Vyas held that the petitioner had not established any case of interference.

First, the Court ruled that what the terms and conditions of the tender should be must essentially be decided by the tendering body.

Secondly, the Chamber observed that the assertion that Euro 6 standards are not yet applied in India and therefore the condition cannot be met, is not a ground on which a public interest petitioner should be concerned. No winning bidder challenged the bidding process on this ground.

“Finally, counsel for the Petitioner has not been able to demonstrate the factual basis on which he could claim violation of the provisions of the Transparency in Rajasthan Procurement Act 2012. The Petition ‘public interest is denied,’ the order reads. .

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